If that is the case then EB2I folks should be downgrading to EB3I right now :-)Originally Posted by HarepathekaIntezar
Next month: EB2I and EB3I both at 01 JAN 2009.
Month after that: EB2I 15 JAN 2009, EB3I 01 DEC 2009 -> Cue for everyone to start downgrading :-)
EB2I NSC | PD: 08/07/2009 | Forum Glossary
Does anyone know how the downgrade process is done? With an August 2009 PD, I am seriously considering this option. Also, what about EB4 and EB5? Any chance they will give spillover this year.
Iatiam
Given the EB1 is not C as a category, they are likely to absorb any spillover from EB4/5.
Porting in either direction is essentially a new application - my impression is that it needs a new PERM, I140 - but with older PD. It would take more than a year I would imagine for the process to wrap.
EB2I NSC | PD: 08/07/2009 | Forum Glossary
This is the first link when you Google. It says PERM is not required,
http://nairlaw.com/blog/posts/12
Iatiam
I followed the Chinese forums (with terrible translation) when the China downgrading phenomenon first started.
From memory:
1) Most Chinese already had an EB2 I-140 approved with the same company they were working for.
2) The company used the original PERM certification used for the EB2 I-140 approval to apply for an I-140 under EB3.
3) A bit fuzzy on this, but I don't think the new I-140 can be Premium Processed, because the original PERM certification is not attached. You'd need to check if this has changed.
4) A request to Interfile the basis of an existing I-485 from EB2 to EB3 must be made in writing to USCIS. It can only be made when the PD for the new category is current.
5) An I-485 can only be attached to a single I-140 at a time (EB2 or EB3 in this case).
6) If you wanted to switch back to EB2, then a new interfiling letter to USCIS requesting this would be required.
7) There's no concept of the I-485 being approved on the first category to become current.
Many Chinese have previously bounced between EB2 and EB3, chasing the best Final Action Date.
Without an irritant, there can be no pearl.
Specs,
do you think there will be SOs for EB2-I this year?
EB2-I, PD - 03/25/2009
Yes, I also think EB3 dates will move to Dec 2008 (around EB2 date) since most of the folks in EB3 in 2008 PD already upgraded and demand might be less. EB3 movement to Dec 2008
In 2017, EB3I got 6600 visas and could have got another 2200 if they were allocated correctly.
EB3I Inventory per Oct 2017 is 6,250 + 1000 (Sep-Dec 2007 estimate 250/month) which roughly reflects the 6600 visa allocated in FY2017. I think April VB dates movement is based on previous FY allocation (maybe 2200 misallocation number is also considered).
With fewer PERM applications this year leading to less EB3 Row demand or less demand in EB3I between Sep 2007 to Dec 2008, I hope we will have further dates movement.
I am expecting further significant dates movement in June/July bulletin.
If the significant dates movement is to utilize 2018 numbers, then that has to happen in May VB. If it happens in June/July VB, there won't be enough time for USCIS to process those applications before Sept 30, 2018.
NO. But what could happen is something similar to Chinese Dates - EB3 being ahead of EB2. If anyone has already filed for AOS, then they could take a flier on Interfile and downgrade.
The figures you have quoted from permchecker.com are for ALL countries. For INDIA only, the following are the numbers. Don't know which is relevant here(total or certified). I think it should be certified. These are EB2+EB3
total; certified
2008: 15768; 7197
2009: 16968; 6403
2010: 37673 ; 14872
EB2I ; PD: August 13 2010; Filed 485: ??; RD: ??; ND: ??; FP: ??; EAD/AP Approval:??; 485 Approval:??
If you are going to use PERM certifications as a starting point to gauge demand, then FY (or CY) certifications by OFLC are not that useful IMO. They contain certifications from several PD calendar years.
Certifications for a PD CY occur over several FY of certifications.
For India, based on PD derived from A-number, the certified figures are:
India --- Certified
CY2007 --- 23,098
CY2008 --- 23,746
CY2009 --- 16,672
CY2010 --- 22,361
CY2011 --- 30,024
CY2012 --- 37,260
CY2013 --- 36,159
CY2014 --- 41,336
CY2015 --- 45,535
CY2016 --- 49,028
For CY2010, January to July are relatively light, while August to December have much higher figures.
Without an irritant, there can be no pearl.
What is your take on likely demand build up with April VB for EB3I? I estimated it at only 1800 and I suspect that quite a few of them won't be processed within this FY. Even if CO moves the Dates to 31st Dec 2008 in May VB, I don't think the total demand generation will exceed 5K (assuming that USCIS will be able to process some of these applications) and that seems to be the only way of utilizing the numbers in this FY.
what is flier on Interfile and downgrade? sorry i got no info on this, can you explain in detail?
EB2-I, PD - 03/25/2009
All I can say is that EB3-I Inventory for 2007 has reduced by 60-65% since December 2009.
The figures USCIS published in 2010 were a good match to the IVAMS report that DOS made available at that time.
It's very difficult to say what the figures might be for years later than that. Over time, less people have filed in EB3 in the first place.
Without an irritant, there can be no pearl.
So today there is a valuable lesson learnt.. for me at-least. People who stick to their employers for 10+ years in EB2-I have to do nothing, As soon as EB3-I gets current, you just have do a concurrent file of I-140 and I-485 in EB3-I. Then if dates go back in EB3-I and somehow EB2-I gets current...you can file another I-485 in EB2-I . It's not that "Drowning man will clutch at a straw" kind of situation, but it's the only legal option if you want to get EAD and AP legally after 10 years.
As always thank you guys..
Spec.. this is news for me. I always thought that if you port EB3 -> EB2 or EB2 -> EB3, you need to start over and do PERM, I140 and I1485. So If I understand correctly what you said above, PERM is not needed.
In my specific case, I have EB2 PERM with PD Dec 2010. So if my PD is current in EB3, i can just file I140 and I485 concurrently and get EAD and AP under EB3? Is this correct?
If yes, can I apply for EB2 I485 in case EB2 gets current in future?
Basically get a Green card in which ever category offers me one?
Thanks for your inputs:
PERM is valid for 6 months after approval. It isnt valid forever. I doubt ppl who have 140 approved in EB2 with a expired PERM can simply port down.
One will need a new PERM. I am pretty certain a new PERM is needed.
I don't think new PERM is required, at least that's what this source is suggesting,
http://www.visatopia.com/services/pe...ked-questions/
It says
"11. Can an EB-2 be downgraded to an EB-3 without filing for a new PERM?
Yes. In general, the petitioner needs to file the I-140 petition with an original approved labor certification for EB-2 and EB-3 petitions, and it must be filed within the 180-day validity period of the labor certification. However, the 2007 Neufeld Memo made exceptions for filing the subsequent/amended I-140 petition in instances where the amended petition is requesting a different visa classification than the visa classification requested in the previously filed petition (or when the previously filed Form I-140 petition has been determined to have been lost by USCIS/Department of Labor). USCIS will continue to accept amended or duplicate Form I-140 petitions that are filed with a copy of a labor certification that is expired at the time the amended or duplicate Form I-140 petition is filed, as long as the original approved labor certification was filed in support of a previously filed petition during the labor certification’s validity period."
Iatiam
Does anyone know how long it takes to schedule a 485 interview at a USCIS field office? Looking at the latest 485 inventory, the EB3 total inventory is about 17,000 for an annual quota of 40,000. So if the visa wastage is to be avoided, they have to receive and adjucate at least 23,000 cases in six months. Six months is 182 calender days and 127 business days which translates to total of 181 petitions to be interviewed total in all field offices per day? How realistic is this? Does it mean that EB3 is going to lose the visas to EB1 and EB2, again?
I am not even considering the fact that the six-month-beyond-August-2007 date in April 2018 VB might be too little, too late. If I were an EB3 applicant within six months to an year of Aug 2007, I would have long ported, rather than wait a decade or more to file for 485. I personally know at least five people who changed jobs just so that they can port (PD in 2008) and they are all GC holders now.
Add to it the narrative that was told for the last ten years - if you are in EB3, you are doomed. I have not seen many people who willingly went for EB3 after the Aug 2007 visa fiasco.
Waiting on everyone's thoughts.
Iatiam
Bro, the Inventory is as of January 2018. We don't even know if it is end of Jan or beginning of Jan. How does that make it 6 months? It will be 8 or 9 months depending on the exact date of the Inventory. Another thing is the Interview is not mandatory for pending Inventory. It is only applicable to fresh applications after the new ruling came into force.
His whole point was whether EB3 will lose the numbers this year also because of too little too late. Anyone after PD July 2007 who are new to the I485 will have to go for interview. Looks like EB3 will lose some numbers this year. I hope they move the dates generously to mid/late 2009 or something so that people still on EB3I can get their EADs fast. Also, after 180 days of I485 pending, AC21 will kick in.
Hi Spec and other experts,
Since EB3 India is catching up and doing better than EB2 India, Should folks in EB2 India who have a priority date in 2009/10 start preparing applications NOW for downgrade?
how can you file approved I 140 which is for EB2 for EB 3?
I believe you need to have EB3 PERM first to file I 140. Isn't it?
NOW might not be necessary - depends on how the next couple months play out.
Also - would a downgrade mean an in-person interview as it would be a new 485? Cursory googling says no. http://nairlaw.com/blog/posts/12
EB2I NSC | PD: 08/07/2009 | Forum Glossary
Spec;
I have a question regarding :
2) The company used the original PERM certification used for the EB2 I-140 approval to apply for an I-140 under EB3.
Can one file I 140 for EB 3 category if his EB 2 I 140 is approved?
I never heard of this until today. I thought a person need to file PERM in EB 3 and then I 140 in EB 3 to port EB 2 priority date.
Please guide me
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