Quick question for all the gurus here
My PD EB2-I May 22, 2009
Should I downgrade to EB3 ? I really want to but scared to do so. ur input will help me make a decision.
Thank you
Quick question for all the gurus here
My PD EB2-I May 22, 2009
Should I downgrade to EB3 ? I really want to but scared to do so. ur input will help me make a decision.
Thank you
I would suggest to wait for 3 months before deciding (assuming that you have Perm and I-140 with current employer). With EB2, May 22 might just about make it in this FY. By April, if EB3 FAD moves ahead or is current for you, then it's worth downgrading than waiting potentially for another year.Originally Posted by lville
YT, EB2/EB3 is not entirely wrong in stating that FAD EB3/I folks from 2007/2008 are still waiting. And my friend YT, you are not entirely right in stating that EB3 folks who will apply next month are sure to get their GCs in 8 months.
Here are the reasons why I am stating this. I don't know whether you are following the recent scenarios/timelines. You know the FAD for EB3I is/was current since March/Apr of this year (2018). Most of those folks are still waiting for their GCs (only 30% of those have been greened, rest all are still waiting).Same case for EB1 India folks who are waiting since Apr/May after the interviews. And the reason is dates were retrogressed in the month of Aug/Sep 2018 for EB3I and EB2ROW folks and all the interviews were scheduled purposely during this time. All of them were told that they are pre-approved in their interviews by FOs and final approval will be done by NBC in first/second week of Oct when the dates will be current again. Guess what, its almost end of Dec and they are still waiting. Now that dates are current again since Oct 1st, most of the EB3I folks are still waiting and NBC is clearing the backlog for EB2ROW first (for some unsaid reasons) and who knows when they will approve EB3I cases in Jan or Feb ( or longer, who knows, that will be close to an year for EB3I current folks since March 2018) and keep in mind they were interviewed in Aug 2018.
Long story short, with EB2I (PD less than May 2010), there is no hassle of interviews and they will get approved as soon as they are current. For EB3I, they will have to undergo the process of interviews (and who knows again the interviews will be scheduled in the final months of the financial year during retrogression again purposely) which will delay the final approval/GC given to Indian folks. If you ask me, they will do all other processing/actions fast like EAD/RFE/finger printing (getting EAD will surely be a very good thing for some of the folks waiting). But for GC approval/getting GC in hand, they/USCIS will delay it for some reason or the other and make you jump through the hoops. Who knows whether USCIS has been advised under current administration to play this game of delaying purposely and misusing the Interviews scheduling not to hand over GCs to EB2I/EB3I folks so easily (as if waiting for 10+years was not enough)? Only time will tell..
Hope my observation is wrong (only time will tell) but wanted to share the story as getting GC in 8 months after filing might not be right (at least for this year/2018 as you were suggesting). We will see what happens in the future, hope EB3I folks don’t have to cross this final GC approval hurdle multiple times going through the vicious cycle of RFEs/medicals/retrogression in the last months and they get on spot approvals in the FOs itself in the interviews like it used to happen normally..
My PD is EB2 March 2010 , missed boat in 2012.
Talked to my company lawyer and they confirmed that i am eligible to file concurrent AOS with a new I-140 for EB3 ( Fragomen).
With the current pace i dont think i will get AOS opportunity for next 2 years , if i remain in EB2.
It sounds too good to be true after waiting for almost 9 years and coming close twice ( 2012 was with a new employer , 2015 visage fiasco).
I am taking the plunge this time.
Hope21,
Nice long post on the reality side. Appreciate your time.
I'm not saying EB2/EB3 is wrong it was just a follow up question to understand if there is any other kind of a source exists to get that data.
I don't trust track it data personally, applying random multipliers to that data is kind of assuming something which makes it unreliable.
Regarding people waiting with 2007/2008 PDs, I don't believe it.. if that is true then we can't predict EB3I moving to 2010/2011 in next 9 months. Both facts can't be true at the same time..
If there are some hand full of 2007 people still waiting with that PDs may be its just the processing delay of one's case.
Regarding 8 months figure its just an average number.. in reality it could be less or more than that. I wanted to emphasis that the current EB3I filings are NOT for building inventory but they will be current for many more months to come and they eventually get the GCs.
That implies to say EB3I dates will NOT retrogress anytime sooner. In my opinion EB3I queue is an empty queue and there is NO mechanism for inventory building since July 2015 VISA reform.
YT- EB3 Folks after July-2009 never had a chance to file for EAD through porting to EB2 after the initial movement of EB2 dates to May-2010. I am assuming there will be a quite a chunk of these people(atleast 6000 incl families) waiting to apply for EAD and now that the dates moved upto April-2010 , I believe this will give USCIS/DOS some visibility on how to progress further with the EB3 dates. Although I would love what you are predicting , this unknown group could spin the things a bit. Remember back in 2009 no employer was ready to file in EB2 (due to recession and audits) and most of the people ended in EB3 that specific year and first of quarter of 2010 and EB2 picked up again later on.
Likewise YT, thanks for your detailed reply. More or less we are in agreement – very few disagreements:
1) I don't trust track it data personally, applying random multipliers to that data is kind of assuming something which makes it unreliable. –[Hope 21] I agree.
2) Regarding 8 months figure its just an average number.. in reality it could be less or more than that. I wanted to emphasis that the current EB3I filings are NOT for building inventory but they will be current for many more months to come and they eventually get the GCs. – [Hope 21] - Good that you agree on this, what I am stating is it will not necessarily be within 8 months from filing and it may take upto an year or a little more going forward purposely or on circumstantial basis.
3) That implies to say EB3I dates will NOT retrogress anytime sooner. In my opinion EB3I queue is an empty queue and there is NO mechanism for inventory building since July 2015 VISA reform. [Hope 21] - I agree with you 100%, this reform was great and has helped dates not to retrogress more often and now there is no need for inventory build up as you suggested.
4) Regarding people waiting with 2007/2008 PDs, I don't believe it.. if that is true then we can't predict EB3I moving to 2010/2011 in next 9 months. Both facts can't be true at the same time..
If there are some hand full of 2007 people still waiting with that PDs may be its just the processing delay of one's case.
[Hope21] – This is where I disagree with you. Firstly you are also agreeing that getting GC might take a little longer than eight months in point 2, after filing for EB3I folks. Then why are you saying that you dont agree that people with 2007/2008 PDs are waiting since March 2018. Trust me, these are not handful and I am not sure whether this year was one-off year/scenario in which there were some miscalculation on visa front, or it was a made up scenario, otherwise I dont see any reason for most of the EB3I folks who were interviewed in Aug 2018 and were told that they will get their GC in first week of Oct by FOs. For them, USCIS does not have enough staff to give the final approval (when FOs have already verified everything and their Background check was already done). Thats the reason, I stated only time will tell whether it might take upto one year after filing after FAD is current or more than one year for EB3I folks (if USCIS continues to do these kind of things going forward). Again, I don't want to scare anyone that this will surely happen going forward, I am just saying that it can happen in future also, because it happened in this year/2018 purposely or because of circumstances.
YT,
If the dates will not retrogress then why are you discounting the impact of downporting?
Iatiam
right , changed job in dec 2011 , never expected PD to move 2 years in 3 months.
Hello Gurus,
I need your help in making decision! Priority date is Jan 30, 2011 EB2-I and working for the same employer. Is it a good idea to downgrade to EB3-I? In a worst scenario can I go back to EB2-I with the same employer, and apply I485? Or use the already approved I485 in EB3-I and move to EB2-I if the dates become current(FAD)?
Thanks in advance.
Akil
Gurus.. Can we expect 485 Inventory anytime soon/Do you guys think CO may skip one quarter and just release them in jan 2019.. Looks like he really enjoys the chaos and confusion to cover up his incompetent actions.
I'm NOT discounting the impact of downward porting.
I'm predicting there will be severe resistance to downward porting in the near future.
I don't know how to define this resistance but it will be in various forms & circumstances which will ultimately obstruct the downward porting.
Specifically for the EB2I applicants whose PDs are between 01APR2009 to 01APR2010. These applicants make up huge demand for EB2India VISAs and they have to wait for next 4 years if they depend only on EB2India VISA supply.
If they can't make it into EB3I queue then EB3I FD will move forward beyond 01APR2010 very soon with 7K+/YR VISA supply.
Iatiam,
Don't take it as offense but why do you think it doesn't make sense to downward porting now instead of waiting till the EB3I FAD moves beyond your PD.
I can understand the risk involved but there is a hidden reward by doing that now. If the EB3I FADs moves forward as predicted in next 3 months by that time your downward process completes then you will get the GC faster right I can see at least 2 other users from this forum : iville & tenyearsgone in same situation.
Three of you wanted to wait and watch mode instead of filling the downward petition ASAP and take a risk.
This is what I'm saying, it is a one form of resistance to downward porting. Likewise many other people are not initiating the downward porting petitions that's make the EB3I FDs will move forward.
CO also tactically set the EB3I FAD lesser than EB2I FAD so that the downward porting(like yours) will be in control.
But he can't hold that date for long.. at some point in future he has to advance that date beyond the EB2I FAD.
Here is the 2018 November DOS data.
China India Mexico Philippines South Korea Vietnam ROW-SK-VET Total EB1 56 35 00 00 13 03 39 146 EB2 14 05 05 16 134 01 147 322 EB3 017 150 014 389 049 004 616 1239 EB4 00 25 00 05 00 01 119 150 EB5 133 027 000 002 014 047 091 314 Total 220 242 019 412 210 056 1012 2171
YT,
It's a fair question. The simple answer is, I want to be sure that the FAD does indeed move ahead. I know it's been widely predicted but I want to be really sure of it. Also, I was promised a premium filing by the lawyer. If this is true, the turnaround time to file will be short. For example, if the VB is released in the second week of a month, it gives six to seven weeks to prepare and approve I140. Lastly, I am not under any threat to lose my job, lose my H1B or planning to jump jobs right now. If any of these happen (maybe there is a recession in the next six months), I will move quickly.
Iatiam
Iatiam,
According to Issue#7 explained in https://www.linkedin.com/pulse/how-h...proval-webber/, people who changed employers are not eligible for downgrade. Thats what I believe stops many ppl from downgrading to EB3. Did you get assurance from your attorney that your case is eligible for downgrade?
thanks
That's what I was promised. Whether or not they will review it later and change is something I would only know once I start the process.
Iatiam
I’d like to clarify that Issue 7 as explained by Webber is that downgrade option doesn’t exist for I-485 EAD holders who have changed employers.
I for one am EB2-I with PD Aug 13 2010 and haven’t had the opportunity to file for I-485 EAD.
But I have recently changed employers on H1B and intend to file in EB-3 with a ported PD of Aug 2010 !
Let me know your thoughts
EB2I ; PD: August 13 2010; Filed 485: ??; RD: ??; ND: ??; FP: ??; EAD/AP Approval:??; 485 Approval:??
No offense taken YT. I have initiated discussions with the company attorney on this, but getting a new Perm takes some convincing. They themselves are researching options, but I am hoping to get more concrete advice from this forum as to whether this is really required. Hoping to hear from @Iatiam also on his attorney's solution next year.
With iville, I suggested to wait for 3 months only because his PD is very close (May 22) and assuming he already has a Perm and I140 with his current employer.
Thanks for this link! It is a good summarization of the considerations involved in the downgrade.
There is no way you can file I140 based on a PERM from a different company, irrespective of whether you have EAD or not. PERM is specific to a company and a job offered by that company. If anyone has changed the company and intend to file I140 in EB3, then the new company has to file a new PERM in addition to EB3 I140. Another option is to have your old company file I140 in EB3 for the approved EB2 position.
Of course, I will be porting my Aug 2010 EB2 date to Eb3 via a new PERM with my current employer. My job description has changed quite a bit since the PERM in 2010
EB2I ; PD: August 13 2010; Filed 485: ??; RD: ??; ND: ??; FP: ??; EAD/AP Approval:??; 485 Approval:??
Issue#6 says its hard to file I-485 with receipt of I-140. How about concurrent filing of I-140 and I-485 part of a downgrade ? Is it possible or do we need to get the I-140 approved in EB3 before filing I-485.
Any predictions for EB3-I FAD moving to June 2010 ?
You can file 140 and 485 concurrently. If your 140 is filed and pending, you cannot file 485 based on pending 140. It needs to be approved before you file 485.
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