Originally Posted by YTeleven
Hi YT.
Mine is third week of October 2010 in EB3. Do you think at least FD would move to this date in next 1 year?
Hi YT.
Mine is third week of October 2010 in EB3. Do you think at least FD would move to this date in next 1 year?
@Aceman My PD is Sep 2009, you think I would have to wait for 3 more years?
Three years? You definitely can be pessimistic but this is taking pessimism to a whole new level.
Eb2 September 2009 by FY19 end
Like how EB2 moved 2.5 months in the last quarter of fy18, we can expect something similar in fy19. We will have a more clear pic once we know how many EB2s were allocated in 2018, that report usually comes out in January.
Things will change once EB3 Final Action Date crosses EB2 date. For one it will stop all porting. Secondly all those people who could never file for 485 will move to EB3 instead of EB2. Third some people who already filed 485 but dates were not current will down-grade. These people have an advantage over EB3I folks who were never current - they don't need to do interviews. This lag in the system will change the dynamics completely.
The only thing that is missing is the reduction in PERM numbers due to H1B rejections. Just a matter of time before that happens. Overall we are in the best shape since 2012. The next one year expect to see some roller coaster movements.
I think you might want to check on that. Any I-485 applications after March 2017 will need mandatory interview. It is in the best interest of the applicant who already have a pending 485 and EAD to stay put. Unlike multiple approved I-140's you can have only 1 approved I-485.
There has been many instances in the past where the candidates have got notices to rescind even after getting their GC's.
of course you don't need an interview if the case was filed before March 2017. I am not talking about multiple 485s here, I am talking about multiple I140s. If there are more than one 485, one will get rejected. The only step needed is to send a letter to USCIS and attach the new 140 asking them to consider it.
If there were so many rejections, why would all those Chinese people downgrade
Is it going to be that easy? I have a PD of Sep/2010 in EB2 and never got a chance to file 485, moved companies two years back and got PERM approved and 140 filed. Now if I plan to file for 485 in EB3, I need to do the PERM and also I-140 again and filing with the same employer for a lower position may not be that easy is my take.
To make it clear, I am talking about only the people in Eb2 till May 2010 who already have an EAD. People whom I am talking about already got an I-485 filed back in 2012.
All the other people after Aug 2009, in Eb2 without 485 filed are better off downgrading.
Multiple I-140s ok. Multiple I-485’s not ok as only one will get approved.
Have you talked to an attorney? I would find a competent one and talk as soon as possible. Trust me, there are many, many people in your situation right now with multiple petitions. The quicker you move, the easier it is. In the time of Trumps and Millers, your best bet is to file for 485 at the next chance.
I would suggest to wait for few months to see how FADs are moving. With sep 2010 PD you have lot of time to make the decision
Whats amazing to me is that USCIS is still not publishing the Pending Inventory report for October and its almost December.
I wonder if they don't have the numbers ready or just too lazy to upload the PDF?
Maybe they are gathering data from FO's to make it meaningful. 'wishful thinking'.
There is always only one 485. Multiples not allowed. If you want to send another, you must withdraw already filed one and then file the new 485.
Having said that, if one has already filed 485, there is no need to file another separate 485 in any case. You just need to send an email to uscis requesting them to switch to a different underlying form 140. So if you have 2 140s and you filed 485 using your first 140 and the second one becomes current, all you need to do is send email to uscis requesting them to associate your pending 485 to the second 140.
As an example when I filed 485, I already had 2 140s, one in eb3 and another one in EB2 from the same employer. Either the lawyer sent the eb3 140 copy instead of EB2 140 or uscis misplaced the EB2 140 copy. No idea what happened, but the 485 receipt notice had eb3 preference category. But EB3 was not current, only EB2 was at that time.
The lawyer mentioned that since eb3 was not current, Uscis should have rejeced and returned the application as per process. Since they accepted it, they must have my EB2 information in their system and hence accepted it. Regardless that same month the lawyer sent another letter with both EB2 and eb3 140 copies to uscis along with a cover letter requesting correction of preference classification on the 485 to EB2 and that EB2 140 be correctly associated to the 485.
I later logged an SR while my EB2 dates were still current to check preference classification and also validated it with L2 officer that EB2 140 was associated to my 485 and got it confirmed.
Now for folks who have already filed EB2, there are 2 options. They can file a new perm, 140 in eb3 and once approved, send letter or email to uscis asking them to associate the new eb3 140 to their pending 485.
The second option is to amend the existing EB2 140 and request the preference classification of 140 be changed to eb3 instead of EB2. In this case no new perm needed. Any EB2 140 can be downgraded to eb3 as the qualifications for EB2 automatically satisfy eb3 as well. In fact this is specifically called out as one of the scenarios where a 140 application can be filed without the perm certification attached (as the original perm would have been sent with the original 140).
Once uscis adjudicates the 140 and approves it as eb3, you are all set.
After that just send an email or letter to uscis requesting them to adjudicate 485 based on the approved amended 140 under eb3.
This is the downgrade process in a nutshell.
Some feel there is a slight risk with second option, some feel first option is riskier. In my view both carry some limited risk depending on the type of employment, salary range, employer etc (the usual stuff). Either way, the downgrade process is not the same as filing new 485.
As for interviews for downgrades of pending 485, no one can say for certain till someone tries it. Technically you are not filing a new 485 and so many expect that there will be no interviews needed.
When do you expect Mar 2010 to be current? I have my EAD going fine but greencard wait has been going on for ~7 years now
Can't do. I do not work for employer through which I had my EB3-I approval. I have moved cross country and have new employer who filed under EB2. My only hope is that I'm able to apply under premium processing for my downgrade I-140 to EB3. If they do not accept it under premium, I'll have to cancel thr process and wait in EB2 for another few months until my date gets current under EB2.
Hi Experts,
I have few questions related to EB3 to EB2 downgrade. Hope the questions & answers will be helpful for others too.
Q1: Do you recommend concurrent filing of I140 & I485 when date is current and downgrading to EB3? What is the average time to get EAD?
Q2: Since premium I140 processing is not available (mostly) when downgrading to EB3, is it advisable to apply I140 before date is current and be ready to file I485 when date is current and I140 is approved? Just hoping to speedup the process.
Q3: If we apply I140 before date is current and if it is in pending status when date is current, can we still apply I485 or should we wait till I140 is approved?
Q4: If EB3 downgrade is approved/denied can we still go back to EB2 (same employer)
Q4: To avoid any hiccups, is it advisable to file another PERM under EB3 with same employer?
Here is my situation..
Me: EB2 PD Oct 2009.
Wife: EB3 PD Sept 2009
With me as primary, we got our EADs back in 2012.
With the way EB2/EB3 dates are moving, it's almost certain that sept EB3 will happen before Oct EB2. My question is when that happens, will we have to file 485 for both of us again with my wife as the primary? If yes, do you think doing so will get us the GC faster compared to doing not hu ing and waiting for EB2 PD to advance to Oct 2009?
You only had multiple I140's and not a previously filed I-485. Your lawyer applied for first I-485 with EB3-140 papers instead of EB2-140. He also corrected it by sending the correct EB2 papers in the same month. It was an error correction.
Your situation is not exactly similar to the instance here. We are talking about people who applied for I-485 in 2012 or 2014 and has only EB2 petition.The lawyer mentioned that since eb3 was not current, Uscis should have rejeced and returned the application as per process. Since they accepted it, they must have my EB2 information in their system and hence accepted it. Regardless that same month the lawyer sent another letter with both EB2 and eb3 140 copies to uscis along with a cover letter requesting correction of preference classification on the 485 to EB2 and that EB2 140 be correctly associated to the 485.
I later logged an SR while my EB2 dates were still current to check preference classification and also validated it with L2 officer that EB2 140 was associated to my 485 and got it confirmed.
Time is the key. Labor ad's, perms, perm approval, 140 approval we are looking at 12-18 months average. The only good thing I see here it can be started any time. Ideal only for EB2 people beyond May 2010.Now for folks who have already filed EB2, there are 2 options. They can file a new perm, 140 in eb3 and once approved, send letter or email to uscis asking them to associate the new eb3 140 to their pending 485.
This would be the option most of the people will be interested in. The only catch here in I140 without original PERM certificate cannot have a premium filing, but some law firm is claiming they can do it if the prior application is in the same service center. This again takes anywhere between 6-12 months. And in the mean time if your EB2 dates are current, all this new actions are deemed waste.The second option is to amend the existing EB2 140 and request the preference classification of 140 be changed to eb3 instead of EB2. In this case no new perm needed. Any EB2 140 can be downgraded to eb3 as the qualifications for EB2 automatically satisfy eb3 as well. In fact this is specifically called out as one of the scenarios where a 140 application can be filed without the perm certification attached (as the original perm would have been sent with the original 140).
Once uscis adjudicates the 140 and approves it as eb3, you are all set.
After that just send an email or letter to uscis requesting them to adjudicate 485 based on the approved amended 140 under eb3.
Do we have anybody from the past who filed an EB3 petition and I485 in 2007 and who later upgraded to EB2/485 and GC? That would a good perspective to lot of us. We simply don't have enough info yet on this.This is the downgrade process in a nutshell.
Some feel there is a slight risk with second option, some feel first option is riskier. In my view both carry some limited risk depending on the type of employment, salary range, employer etc (the usual stuff). Either way, the downgrade process is not the same as filing new 485.
As for interviews for downgrades of pending 485, no one can say for certain till someone tries it. Technically you are not filing a new 485 and so many expect that there will be no interviews needed.
Porting was essentially this scenario, moving from EB3 to EB2. Many had already filed EB3 and later ported to EB2. In all cases no one files a second 485, they just request to use a different 140. They get approved directly based on already filed 485 using the new 140. In fact, there is only one RD for 485. There is no second filing of 485, only inter file letter.
In case of amendment, once the EB2 140 is approved as eb3, request the already filed 485 be processed in eb3 using the approved amended 140.
Thanks for the explanation. So if 485 is already filed we need only an inter file letter if the underlying EB3 140 is approved and the dates are current.
Can it be filed by the candidate directly or it has to be from the company/attorney?
A follow up on that, how primary and dependent separate filing would pan out? Like the question another user put forward.
He has an Oct 2009 PD on EB2, and already filed AOS 6 years back, now his spouse's PD of September 2009 on EB3 is accepted for filing.
From the second option where is the risk other then the time taken to get 140 in EB2 amendment to be approved for EB3?
Because usually the Job Title and Role / Responsibilities are similar, Salary Range in EB2 is higher than EB3 so that will meet the needs for EB3, and if it is the same employer who file EB2 140, then that should be the path for most of the EB2 people with PD > Apr 2010 and atleast going into 2011.
That's exactly what I've been saying all this while. People have no idea about porting and interfiling and they are making stuff up. You DON'T need to file another I-485 or do anything for that matter if you have approved EB3 & EB2 I-140s. You just have to send an email asking USCIS to use the other I-140 and use that PD.
You are correct. But in my case (PD May 22, 2009 EB2-I) where I had my eb3 thru employer 1 and no longer work with, now I've moved to employer 2 with EB2. For me to downgrade back to EB3 I've to file new I-140 and request USCIS to use my perm from EB2. My lawyer says it depends on officer if he/she would accept my downgrade I-140 under premium processing. If they accept it under premium I could possibly be current in next 2 months
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