My birth certificate only had my first name and initials. I got the birth certificate issued only in 2008. I filed I-485 without submitting any affidavits and didn't receive any RFE for BC. In fact my lawyer was against submitting any affidavit for the birth certificate.Originally Posted by GCWait2011
Is it worth taking 20-25k pay cut to be able to downgrade eb3? My priority date is May 25 2011
My old employer is willing to downgrade but it’s consulting firm. Right now I work for fortune 100 and they won’t downgrade
Cool dude -
Do analyze all the pros and cons and if you believe it makes sense for your family and you, go ahead. If I were in your shoes and I don’t have the situation of kids aging out, I will not switch.
What is the urgency to get GC sooner by downgrading ? Is the squeeze worth the juice ?
Both my kids are us citizen..my only gain wife getting ead..she is working on h4ead..I have H1 renewal coming up in July..But now that they are offering premium processing for h4 ead it’s almost moot point
Guys, anyone knows if all i20s are required for 485? I am the primary applicant and I have all my docs in order establishing legal status. My wife came to US for University A and transferred to University B after first semester. We have i20 and all supporting docs since the transfer but unable to locate the first i20. Does anyone know what supporting documents can be used (like Transcripts etc?)
Is there a possibility they renege/reverse the October filing dates? (Has seen this happen for October 2015 bulletin but that happened on 09/25/2015 before it went effective).
Not sure if anyone would know until the bill is passed and becomes a law, also how USCIS interprets the language.
But there is reason to be concerned and hence it is better for everyone to speed up their filing process
Hi Friends,
First of all congrats to everyone who are eligible to apply I-485 based on October 2020 Visa bulletin !!!
I have 3 year Bachelor degree followed by 3 years of PGDCA from India and filed my EB2-140 (under Masters +1 years experience) which got approved in 2011. I ported that again under EB2-140(under Masters +
3 years experience) with my current employer in 2016. Now based on the October 2020 Visa bulletin I'm eligible to file EB3-I140 and I-485 concurrently if I downgrade.
I want to know the recent trend how USCIS handling this type of downgrade ? USCIS raise the red flag and challenge the current EB2-PERM (because of my 3 year degree submitted in 2011 & 2016) and revoke it thereby ultimately revoking the EB2 approval and also deny my EB3-I140 downgrade ? which can put me in jeopardy of loosing my complete GC processing application and also cannot extend my H1B visa using I-140 going forward ??
Looking forward any help on this and any recent success/failures story will help me to decide.
Thanks!
Your attorney will file a new I140 for EB3 and a concurrent I485 relying on the approved perm. This will not impact your previously approved eb2 I140 which will remain valid for H1B extensions or GC if the EB2 dates become current first under FAD.
There are two ways to downgrade from EB2 to eb3—amending the EB2 I140 or filing a new standalone EB3 i140. The latter is the safer option and preserves the previous I140.
PD:2011 FEB, changed my employer in July, Prewailing wage Determination submitted on 0909 for Eb3.
Guys what do you think FAD will be for EB3 by Aug/Sept 2021
Thanks YT . My employer is an american firm and not too many H1s here - jobwise am fine with this company (been here for more than a decade now).
HR says downgrade is not possible - when i insisted that i will bear full cost for downgrade (if cost was of concern)HR turned it down saying 140 is employer petition so I must not pay anything
Btw , am concerned about retrogression - is there any scientific reason (in terms of available visas) that caused this latest movement ?
If this movement is phony then it will fiddle out in 1 month and we will see retrogression back to 2009 levels as earlier - if this happens then no chance to file 485 for for another 6/7 years .
Been in this country since 2007 , so yep 13+ years in US on H1
Regards
The forward movement is due to spillover from unused family visa pool and that happened since immigration from outside has been suspended due to covid. As per the law, they have reallocated unused family visas (150k+) towards employment categories. The law makers are already trying to reverse this (part of Heroes act). Regardless of the fate of Heroes act, the chances of this reversal are real down the line through other bills/lawsuits. The mechanism and implications of this reversal is anyone's guess.Thanks YT . My employer is an american firm and not too many H1s here - jobwise am fine with this company (been here for more than a decade now).
HR says downgrade is not possible - when i insisted that i will bear full cost for downgrade (if cost was of concern)HR turned it down saying 140 is employer petition so I must not pay anything
Btw , am concerned about retrogression - is there any scientific reason (in terms of available visas) that caused this latest movement ?
If this movement is phony then it will fiddle out in 1 month and we will see retrogression back to 2009 levels as earlier - if this happens then no chance to file 485 for for another 6/7 years .
Been in this country since 2007 , so yep 13+ years in US on H1
Regards
TL;DR: The window of opportunity to file this month is real and it will close as soon as November. Everything else is subject to change anytime.
Need some advice.
My PD is 2012 July in EB2 category.
My old employer is asking me to join them back - only then they will consider filing an I140 under EB3 category.
Though not very keen, I am willing to join them, if I can get GC in around a year.
Is there any chance of 2012 July EB3 candidates getting GC within a year or so ?
The movement would very much depend on the number of downgrades to EB3 and other factors like CP opening up and usage in EB3-ROW. The chances look bleak for FAD to move till July 2012 in FY 2021. We are talking of a movement of close to 2 years and 7 Months. Chances would definitely be higher in FY 2022 if the ROW demand remains relatively low and we get some additional spillover for 2022.
Oct 2020 Visa bulletin expects eb3 FAD to be around Jan2015 by Sept 2021. And EB2 be at May2011 by Sept 2021.
As they won't have any idea on how many downgrade may happen, the EB3 date should change. Since your PD is July 2012 which is around 2.5 years prior to Jan2015, and just 1 year after May 2011, so I feel there is a real good chance that you will be eligible for GC in EB3 before a year from now.
EB3 and EB2 FAD movement in next 3 months will make a lot of things clearer.
I am eligible to file I-485 with downgrade. I will have to goto India within next 6 months. I have my H1B petition approved till Mar 2023 but will have to get my visa stamped.
If i file I-485 this month, will it cause any issue with my AoS on my traveling to India. Should I apply for AP or should I apply for AP once I return back to USA.
What did your attorney say?
Havnt been able to talk to our company attorney yet...seems like he is busy with all the paperwork....hence checking here to see if anyone has any idea...
You should not leave the country after filing the I-485 without having an approved AP. That was what I was told long ago by my lawyer. You don't have to use your AP to return, and can use a valid visa, but you will needlessly put your I-485 in jeopardy.
Appreciate the response.....looks like AP is taking around 6 months to be approved these days...is there any way to expedite that....I don't want to leave country after filing AoS, however my mother-in-law's health is not good and I might have to travel to India within next few months due to it....hence wanting to know the options....
Don't file for AP now and go get your visa stamped when you go. However, if visa stamping isn't possible (I think they are doing drop box ones but pls check) then you have no option but to wait. I think they are providing for premium process for EAD for $1500, not sure if that covers AP as well.
Speak to your lawyer. If there is an urgent humanitarian reason, perhaps they will understand. There really isn't way to expedite it. File the I-485/I-765/I-131 asap. I had my EAD/AP renewed recently. It took about 2.5 months. Not every case takes 6 months.
Hi There,
quick question. I have been with the same employer since 2009 and this company A changed their Federal id in apr 2012 and we have been told not to worry about our 140 as no changes required. Later in 2017 they changed the name of the company to B but the address and everything remains the same. My PD is May 27 2010 and now we have been informed that during the I-485 filing we should file an amendment to our I-140.looking for an opinion of the forum members in here
Old P.D : 07/08/2008 (Lost), New P.D : 05/27/2010; I-485 RD: 10/19/2020; I-485 ND:11/07/2020; I-765/I-131 RD: 10/27/2020;EAD Approval 04/09/2021; I485 Interview held on: 08/09/2021; FO: Dallas; I-485 Approved: 08/20/2021; I-485 J Approved: 08/24/2021;
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