One quick question, My EB2 filing date is current as per filing chart, Can I downgrade to EB3 by filing I-140 and 485 concurrently ?
One quick question, My EB2 filing date is current as per filing chart, Can I downgrade to EB3 by filing I-140 and 485 concurrently ?
Strange, but par for the course when it comes to USCIS.Originally Posted by inspired_p
Hello,
i am hoping someone here can advice me on whether to downgrade to EB3. My PD is May2012 in EB2I. I initially thought downgrading to EB3 was a no brainer assuming i could always interfile with EB2I I-140 if EB2I ever moves ahead of EB3I. However, my lawyer told me the following:
"Filing an EB-3 I-140 does not put your earlier EB-2 I-140 at risk. You will have two I-140s with the same priority date, the only difference being the preference category. If EB-2 moves back in front of EB-3, keep in mind that there is no mechanism in place at USCIS to change the underlying I-140 of a pending I-485. Although we can try doing that by sending in a letter to USCIS asking them to use a different I-140 for a pending I-485, there’s no telling if they will agree to do so. Given that, you need to have the expectation that USCIS is going to adjudicate the I-485 based on the I-140 the I-485 is initially filed on.
Note that almost everyone with an EB-2 priority date is now requesting to change to EB-3. The likely outcome of this is that the EB-3 quota may quickly slow down, and EB-2 will once again be faster. Even so, we really don’t know which category will be faster six months from now. There is no way to optimize this by trying to jump back and forth between EB-2 and EB-3 as the visa bulletin changes. Again, thousands of other applicants will be trying to do the same thing. If you choose to file an EB-3 petition and I-485 in October, then you must be committed to remaining in the EB-3 queue."
The part about committing to EB3 perpetually is a bit concerning. Can someone please help me navigate this?
good point idliman...will take action.
I second what Idliman said. Filed AOS first time and my attorney sent the following docs for me and wife (except 485J because she is dependent)
I-485
I-485J
I-765
I-131
I-944
G-28
He said when they approve 485J and if they think your date will become current then they will issue RFE for Medicals.
Hi Gurus,
My lawyer applied for 485 on Oct 1st. But haven't received the receipt notice yet. Wondering how long will it take to receive receipt notice. I'm just worried of weather something went wrong.
Does any one applied and got the receipt this month?
Yes. It is called Transfer of Underlying Basis in USCIS language or Interfiling. One of the requirements is that your I-485 should have no breaks in continued eligibility. Note that Interfiling also can apply to retention of PDs via a separate procedure so Transfer of Underlying Basis is a more specific term for downgrade.
Your PD is eligible for both EB2I & EB3I only on "DF" basis. You have to decide whether you want to do transfer the basis now or wait and do it later. Anyway, file AOS as soon as possible (EB2I or EB3I). No one can guarantee that the "DF" will remain open next month. Even top attorneys quoting "DT admin's" past actions recommend filing AOS before the end of October. You never know when the window will open again. If you want to better understand the urgency, talk to someone with EB2I 2010 PDs who missed by mere days and waited many years to file for AOS. Good Luck.
whats your PD? My PD is April 2010. Fragomen suggested to not downgrade for now. Please do let me know what you end up doing thanks!
Even my spouse has A# from H4 EAD, when I asked the lawyer why not using A in 485, here is her response
We only list the A-number if it is in relation to an underlying petition for the I-485 application. So, they are fine as is.
=========================================
EB2-I PD -> 19-Oct-2009 | EAD/AP since -> 30-Apr-2012 | GC -> 08-APR-2021
During the pandemic time people were receiving the receipts after 3 weeks. With so much of increased work load and shortage of resources, I would say it will take 4-6 before any one will start receiving the receipts. My AOS is sent on 10/06 and received by Texas Service Center on 10/07. I am also waiting
Thanks. I was told by my lawyer, it will take two weeks. Hoping to get receipt notice sooner.
I have an update that my I-1485 case was received at my local office. My PD is 12/4/2009 and I have approved EB-2 and EB-3 I-140 applications and my interviews are completed. Does this mean I'll get a medical RFE from my local office. I thought NBC usually sends out the medical RFEs?
Gurus,
Is there any realistic chance of further EB2 filing date movements to 2012 in the coming few months ?
That really depends on volume of the applications USCIS is going to receive and number of downgrades. It is anybody’s guess at this moment. We will get clarity only by December
Let’s all hope it moves further and helps lots of folks in 2012 and 2013 !
I don't know if they will know until a few months into FY2021.
Since EB2 was current until May 1, 2010 before, we can assume most have their AOS filed until that PD. So that leaves people from May 2010 - May 2011. If they can compute how much total spillover from different categories is available for EB2 in FY2021 and get a handle on the number of defections to EB3, they may be able to move the filing further to make sure there is no wastage.
We do know that there are many of the 2012 filers still waiting for their GC. I think around 15K are still in waiting which represents upto May 2010. Considering same amount to file for May 2010 to May 2011 , i think the expected spillover of 30K is used up till May 2011. I do not think EB2-I FAD will move beyond May 2011. I am also quite sure that Eb3-I FAD will not reach Jan 2015 this year. If the spillover is equally distributed between EB1 , EB2 and EB3 as it is said to be I predict EB2-I to get all used up till May 2011 and EB3 might get upto end of 2013 ish
I am new to this forum, I need your input my question below.
I work for EMPLOYER B now and when my PD with earlier company EMPLOYER A and my PD got current they agreed to file my i485 /i485 j/ EAD/AP and they asked me to come back to their company as they will rehire me. I agreed to this approach so they filed i485 / i485j . Now I got EAD and got another offer with EMPLOYER C... can I move and work for EMPLOYER C until I get my GC and then I can move to EMPLOYER A. please let me know
-Sandhya
My PD is April 2011 and I already submitted the documents for EB3 downgrade.
thanks. So in your case, that was the only option available for filing AOS.
Friends,
I have an odd predicament. My PD is 12/29/2010. In the PERM the Job Title offered was "Senior Computer Programmer Analyst" with an SOC Code 15-1132 and a pay of 93K. My I-140 was filed under EB2. Now that my filing date is current and Im eligible to file my AOS/EAD/AP applications, my attorneys are advising that my case would be high risk as the job that Im currently doing along with my title is much higher that what's in the PERM and USCIS may reject my application. I'm in a Senior Leadership role (Large IT services company) with a base pay that is much higher than the 93K associated with the PERM. They are recommending that we file a new PERM petition that aligns with my current title and job description. I would think given the time it takes from PERM to AOS, career progression is obvious. Would USCIS really reject such an application saying this candidate will not take a demotion from a leadership role to become a programmer.
Has anyone experienced this? Appreciate any advise I can get.
I had the option to go with EB2 or EB3. I decided to go with EB3 because my child is near to age 21.
Guys, just got my GC in the mail today. A little under 12 years from when I applied and almost 2 years after I joined this forum.
Just wanted to thank everyone here for their amazing help and support over the last couple of years.
Especially YTEleven - man, thanks for encouraging everyone to downgrade a couple years ago when EB3 forward movement began, your advice was spot on
Spec/redsox — thanks for your detailed analysis, data collection posts and help understanding the minutiae of immigrant law
And finally to Q for not letting this community devolve like trackitt and providing a place for everyone to come and ask questions and expect reasonable answers without trolls or hate. Thank you!
Congrats also to everyone else that just got greened.
Congratulations! EB3 downgrade cut at least 4-5 months of wait time !
Congratulations Ferric.
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