They also moved the Filing date for EB2-I to June 1 09.
They also moved the Filing date for EB2-I to June 1 09.
It has already moved to Jun 22,2009. It's a good sign that most of the 2009 will be taken care in this FY. I hope they don't waste any visas in EB3 for this FY. As per Oct,2018 VB, they let people file till Oct 1,2009. So anything beyond Oct 1,2009 is a great bonus for EB3-I.Originally Posted by AceMan
As far as downgrades go, it may not impact that much for the remaining 5 months for this FY.
Spillover for EB2-I?
I think, the EB3I FAD will move beyond October 2009 once the spill over is available in the last quarter. However, will it end up to April 2010? That is something we cannot answer at the moment.
The slow movement in EB2 is making me think of porting down. Not sure about the timelines for porting, the costs involved etc., Are there any resources or weblinks that folks here can point to for reference?
I think it's up to your employer. They have to file another I-140 in EB3-I. I'm not sure how many employers will be in favor of fast tracking their employees' GC. Besides, if you had already filed I-485 in EB-2, it would be hard to convince your employer to go for another I-140 to get ahead.
The downgrades will pose big threat for people who have their EB3-I PDs beyond May 1,2010. I don't see it's creating troubles for people with EB3-I PDs in 2009.
My PD is EB2I May 22, 2009. And I’m thinking of downgrading too. Just talked to my lawyer and he said since my date is current in EB3, I could go ahead file 485 simultaneously. I’m seriously thinking of doing this. BTW how long is it taking to get AP and EAD now a days ? And can I travel out of country with AP/EAD without I-140 approved yet. It will take 6 months to get I-140 approved.
Most likely I’ll start my downgrade next week.
Technically it's 3 days movement but logically no movement. March bulletin had 04/09/2009 priority date which is a Thursday, Friday(04/10/2009) a good Friday holiday, 04/11/2009 is a Saturday and 04/12/2009 is a Sunday.
The one good ref I found: https://www.linkedin.com/pulse/how-h...proval-webber/
If costs are no issue and do you see any problem in downgrading ? I already have EAD card through EB2 with May 2009 PD.
I already have EAD card with EB2 with May 09 PD. I have heard that if I downgrade to EB3 I would have to go through a GC interview, but if I dont downgrade I wont have to ? Is it true ?
What is the deal with GC interviews ? Do all categories have to do it nowadays ? If so, any comment on the interview waiting period ?
Only if 485 is filed after March 2017 there is an interview required. You are exempt from it. But people are spreading rumors that interview is required to dissuade people from down porting. This is EB3 folks who don't want too many people to flood the system.
It is otherway around Only if 485 is filed AFTER March 2017 there is an interview required
EB3 has interview and scheduling may take upto a year in New York/Silicon valley field offices
NBC center takes 6+ months to process issue EAD for all EB(1/2/3)-I category
If one have EAD, there is no need to downport, other wise one can file concurrently if DF dates are current.
Yes, my bad. I meant to say AFTER
The interview thing is a kind of grey area. I wish we have a case that went through this. But if you are thinking about downgrading to eb3 on an EAD after changing employers then i believe the chances of 485 denial is higher.
Issue #7 (added Sept 19, 2018): The EB3 downgrade must be done by the same employer that did the EB2 I-140 filing. If you have a pending I-485 application and have changed employers, then the downgrade does not exist as an option for you. I thought I would add this issue based on comments I have seen.
I don't get it. Thousands have upgraded to EB2 with no issues. Why would downgrade be a problem. Where does USCIS explicitly say that an interview is required if you downgrade.
Like i said I'm not sure about the interview its a grey area for me atleast and would love some experts opinion on that or even if someone can ask an attorney and chime in that would be great, but downgrading to eb3 with a pending i-485\EAD and job change is going to be tricky as the associated i-140 downgrade cannot be filed by the new job but only by the old job who holds your i-140.
My understanding is that if you have changed your job after you got the EAD, then the only avenue to downport is to do a new PERM and I-140. In that situation, you are not using/downgrading the old Perm/I-140 .. all you are asking is for the PD to be carried over. You'll need to also file a new I-485 I believe and that would require a Interview.
Do speak to your employer's/personal attorney to clarify.
You cannot file a new 485. You can only file one 485 for any EB application. I did speak to my attorney and she did not mention the interview requuirement or new PERM. I
Speculation:
There should a big move in eb2i, CO might be holding eb2i dates back to utilize Eb3 spill over by applying them to eb3i downgrade applications. There should be at least 2000 eb2i visa's available. eb2i date should will move to june 1 2009
Please clarify. I am EB2I with PD of 23NOV09 with EAD and have changed to a new employer. I am starting a new PERM now so that I will have another option via EB3I. EB2 Vs EB3 is decided in I140 stage. I am going to decide in 9-12 months time (say JAN2020 to MAR2020) when my PERM is approved on EB2 or EB3 route. When I file I140 in Premium, will I file I485 also or not required?
You have already filed for 485. So need to amend the existing petition with new 140 info. No need to file new one. Please ask your lawyer about this. I am not a lawyer and this is based on what I knw
Thank you iatiam. If anyone has more info on EB2I to EB3I down-porting with different employer, please share.
I am looking for answer in months.
Question) approximately how many months "range" will it take to get green card if you were to downgrade your application from EB2i to eb3i. Assuming everything is clean and the priority date is current?
Answer). Months= ?
The downgrading of EB2I to EB3I for people at end of 2009 and beginning of 2010 makes sense only with I140 premium. For that you need to be with the same employer who did the PERM for you. I am hoping that they will still allow concurrent I140+I485 one year from now (there is a proposed rule to change that).
Looking at 3 months movement per year for EB2I in 2009 and till May 2010, if EB3I is ahead by three months, it is still worth a "chance". However, the safest way is to do the porting only when the FAD is current and not based on DF. My 2c. HTH.
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