Porting when dates are current and filing 485is one thing vs porting in anticipation of forward moves is another. 2nd one just spoils thing for everyone. It is sheer wastage of resources in my opinion.Originally Posted by qesehmk
Porting when dates are current and filing 485is one thing vs porting in anticipation of forward moves is another. 2nd one just spoils thing for everyone. It is sheer wastage of resources in my opinion.
Hi, IÂ’m just trying to understand how downgrading to eb3 a better option for EB2 with pd before April 2010, and already have ead?
1) FAD for eb3 is behind EB2
2) no way of knowing eb3 pending inventory
3) because of the advantage of no interview for EB2, co will prefer to move EB2 FAD in the last quarter if there is any SO in eb3(similar to what was done in FY2018)
4) just read in a forum that the Pending immigration bill will open doors for EB2 Indians waiting for years, unlike for those Indians in eb3(does anyone know anything about this clause in the New bill?)
Excuse my ignorance if I stated anything wrong
Downgrading and filing in EB3 per my understanding is in anticipation that EB3 case may get approved before EB2, assuming spillover and other details. It is not for an EAD but for actually getting greened.
On point 4) the bill may be referring to removal of country caps and who ever is saying EB2 I will benefit and not EB3 I is wrong. It will benefit all with backlogs is my understanding. And there is very little chance that anything will get passed.
Last edited by srimurthy; 09-17-2018 at 12:16 PM.
I'm in EB2 lane so if my EB2 friends can "upgrade" to EB3 - that would be a win-win. People get out of my queue and folks who leave the queue get GC quickly.
Thank you for the clarification but if it is for the actual GC then don’t we have to make the decision when we actual see final action dates move for eb3?
Hi,
I am trying to understand, with approved i-140 in EB2, can one eligible to apply/downgrade/port I-140 for EB3 with existing Perm.
I read in one of the legal forms, the following text, its not clear to me, but the wording looks like, with existing PERM/Labor, one can apply EB3. Please clarify.
Do you need to file a new Perm?
Generally speaking, the petitioner needs to file the I-140 petition with an original approved labor certification for some 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 to file the subsequent or amended I-140 petition with a copy of a labor certification that is expired the time the amended or duplicated Form I-140 is filed, if the original approved labor certification was filed in support of previously filed petition during the labor certification’s validity period. A new perm will not be required “in the 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 or DOS. [1]
Regarding item #4 If you mean HR 392, the chances of that happening if minimal, if not none at all. It's the sad reality. There are very few working days left for congress this FY and all focus is on supreme court nomination. It is expected that Dems will win majority in House and Repubs will retain majority in Senate making the divide even worse. The only window of opportunity is after Nov. elections and before Dec 31st which is a very narrow period. Whatever happens, HR 392 will need to be re-introduced in next congress. Add to this the chances of Kevin Yoder losing the elections is high. And 2019 is when all the drama for primaries and 2020 presidential elections will begin.
Putting all that together, I believe that HR 392 will probably never pass in the next 2 years or even beyond.
Iatiam
Are there anyone who already have EAD/AP with EB2-I considering filing I-140 with EB3-I? Many would like to understand your thought process. You need to file a new I-140 and have 485 interviews as an extra step.
If you notice, EB3-I had quite a bit of pending inventory before July 2007 and many did not port as they already had EAD/AP. I wonder what percentage of people will remain in EB2-I for the simple reason of inertia.
Just a quick add .... an upgrade is really a separate application. So unless a person withdraws first one ... the person effectively has two GC applications.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
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The answer is NO.
I agree. The more the merrier
Bro, porting when dates are current means you file your I-140 at that point in time. This porting I-140 cannot be filed in Premium. So, by the time I-140 gets approved, the porting may very well have been reversed. So, it does not make sense to wait till dates are current. Whereas the smart guys and those who have come to the US to take risk, will file the I-140 right away and reap the reward of a 2nd que, being in position to utilize either one, depending on the trend at that time.
Thank you for the confirmation.
Makes sense, but I wouldn’t go thru the hoops if the difference is less than 3 months.
From what I see EB2/eb3 aug/sep 2009 ppl will receive their GCs with +- 2 months difference. Yes, if the difference is more than 6 months then it’s worth trying.
Can someone pls confirm - for Eb2I PD >May2010, down port paths are -
a - ( new application ) New Perm/I-140 etc , no time bound
b - With Existing Perm (& EB2 I-140) , When PD is open for EB3 ( FAD/FD), file concurrent I-140 ( Non-Premium) / 485
Also, as I understand it - this is how things will be over next 1-3 years
if EB2I(< May2010) down port en masse, EB3 FAD/FD (filing date) will slow down and both EB2/EB3 will crawl together ( and eventually lower the down port rate)
if EB2I(< May2010) stay put ( as down porting would triggers in-person interview ) , then EB3 Filing Date will continue to move fwd, till EB2I start to flood it ( PDs > May2010 will certainly jump no matter what) , finally it slowing down.
Is that accurate? Does anyone have a model with hypothesis on where the cross point may be? or is it too early to comment with a need for few more VBs to indicate FAD/Filing Date Trend.
UScis needs to move the filing dates together for both Eb2 and 3 together if they are serious about cleaning up for atleast next 2 bulletins to avoid downgrades. But at this point it is only wishful thinking
People who have EB3 & EB2 both and PD before Oct 2009, don't need to do anything, since USCIS will pick the best possible case which is EB3 current; and start processing. Right?
Most of the EB3 folks with PD's in 2009 have ported to EB2 , I am not sure how much inventory USCIS would like to build in EB3-India, EB3-->EB2 porters might have already applied their 485's in 2012 when the dates were current.
My guesstimate tells me EB3-India dates will be pushed further beyond May 2010 to build significant inventory.
Anyone familiar with numbers can contest my theory.
USCIS would need to move EB3-I filing dates to early to mid 2011 to build inventory as there are only 1600 cases pending for entire EB3 I + cases at FO
How will that impact EB2-India movement specifically Final action dates?
I have stated EB3I only, EB2-I would slowly move by 2 weeks as predicted.
Will there be No porting (EB3-->EB2) impact on EB2 Final action dates?
Thanks Q. This is a good clarification and fills in a knowledge gap for me.Just a quick add .... an upgrade is really a separate application. So unless a person withdraws first one ... the person effectively has two GC applications.
This would be the logical thing to do as an individual. Not a logical thing to do as a group (assuming USCIS will cluster fkuc 2 485 applications as Q suggested)- but we do not (and will not) have any group representation right now, so there is no point hoping that everyone will do the right thing for the group.Bro, porting when dates are current means you file your I-140 at that point in time. This porting I-140 cannot be filed in Premium. So, by the time I-140 gets approved, the porting may very well have been reversed. So, it does not make sense to wait till dates are current. Whereas the smart guys and those who have come to the US to take risk, will file the I-140 right away and reap the reward of a 2nd que, being in position to utilize either one, depending on the trend at that time.
So the "smart" thing for people with PD greater than April 2010 to do is to get their second application also posted right now. If I-140 approval takes 6 months or so, they will have a better chance getting lucky if the dates advance in the last quarter.
Even smarter thing is for CO/USCIS to just announce that they will automatically treat every EB2 application as EB3 application too. This will reduce the burden of their work and will not result in absolute mayhem.
I assume you are talking about a situation where a person:
a) Has both an EB2 and EB3 I-140 approved (with the same employer)
AND
b) Already has an I-485 pending based on the EB2 I-140 petition.
USCIS will not pick the case that has the best possible outcome.
An I-485 can only ever have one basis of eligibility.
To change that eligibility, the applicant must inform USCIS, IN WRITING, that they wish to change the basis of eligibility.
You can find information about this in the USCIS Policy Manual under Volume 7 - Adjustment of Status, Part A - Adjustment of Status Policies and Procedures Chapter 8 - Transfer of Underlying Basis I recommend a thorough read.
From that:
The request can be attached to a new I-140 application among other scenarios.B. Filing Requirements
1. New Application or Fee Not Required [9]
An applicant may submit a transfer request, in writing, to the USCIS office with jurisdiction over the application if eligibility can be established. Generally, no new adjustment application or filing fee is required. As noted above, however, a request to convert to a INA 245(i) adjustment would require payment of the additional $1,000 fee and filing of Supplement A to Form I-485.
2. Request Must Be Made in Writing
The adjustment applicant must request in writing that USCIS transfer his or her pending adjustment application from one basis to another.
If an applicant verbally requests transfer of an adjustment application, for instance, during the adjustment interview, an applicant should sign and date a written statement to that effect. The interview could then proceed without further delay provided the applicant remains eligible to immediately adjust under the new classification.
Having requested a switch from EB2 to EB3, if in the future, EB2 were to become more favorable, another written request would be required to switch the basis of the I-485 from EB3 to EB2. This all takes time and, as the Chinese have found, the window of opportunity may be lost by the time the request has been processed and approved.C. Petition Considerations
Prior to adjudication of an adjustment application, USCIS may allow the applicant to transfer a pending adjustment application to a different petition or basis regardless of whether the petition that forms the new basis for the pending adjustment application has already been approved or is pending, if allowable by law or regulation and provided certain requirements are met. [10]
Only one petition may form the basis of an adjustment application at any given time. The applicant must clearly designate in writing which petition serves as the new basis of the adjustment application. Several steps are required to ensure that the petition that forms the new basis for the pending adjustment application is properly matched with a pending adjustment application.
If concurrent filing is allowed, then transfer applicants are generally instructed to:
•Submit the new petition (with proper filing fee and signature) with a signed letter requesting that his or her pending adjustment application be transferred to the new petition. Include a cover sheet (preferably highlighted with colored paper) stating, "REQUEST FOR TRANSFER OF PENDING FORM I-485 (CASE #) TO ENCLOSED PETITION."
•Include a copy of the adjustment application's receipt notice with the new petition filing.
•Include evidence of eligibility for the new immigrant category in support of the transfer request to transfer to a new eligibility basis. A new adjustment application and fee are not required (see INA 245(i) exception above).
If concurrent filing is not allowed, then transfer applicants are generally instructed to wait until the new petition is approved before submitting a signed letter requesting the pending adjustment application be transferred, with the other documentation mentioned above.
Once an applicant makes a request to transfer a pending adjustment application from one basis to another and if the transfer request is granted, the original petition no longer supports the adjustment application. This rule applies even if the original petition is approved. The transfer request must be made sufficiently ahead of the time of adjudication of the adjustment application in order to give USCIS reasonable time to match up the replacement petition with the pending adjustment application. An officer must deny transfer requests received on or after the date the adjustment application is finally adjudicated.
1. Approved Petition to an Approved Petition
The beneficiary of an approved petition with a pending adjustment application may replace the approved petition with a different approved petition as the basis for the pending adjustment application.
2. Approved Petition to a Pending Petition
The beneficiary of an approved petition with a pending adjustment application may replace the approved petition with a pending petition as the new basis for the pending adjustment application in certain categories. The new basis must allow for filing of an adjustment application prior to approval of the petition (concurrent filing), or the transfer cannot occur and should be denied.
3. Pending Petition to an Approved Petition
An adjustment applicant with a concurrently filed and pending immigrant petition may replace the pending petition with a subsequently filed and approved petition as the basis for the pending adjustment application.
4. Pending Petition to a Pending Petition
An adjustment applicant with a concurrently filed and pending petition may request to transfer the adjustment application to another pending petition, provided that the new basis allows for the filing of the adjustment application prior to approval of the underlying petition.
This is the correct procedure to switch the basis of an already pending I-485. USCIS frown on multiple I-485 applications and will, at a minimum, ask for extra ones to be withdrawn.
If that wasn't your scenario, then I still think the information above will be helpful to others.
Without an irritant, there can be no pearl.
2-3 months difference for EB2 can be 1-2 years wait, so need careful understanding based on pending inventory in EB3.
EB-2 China people have have thought , when early advancement in 2013/14, later they realized the EB3 dates moved faster than EB2 for long time. This may happen with case with EB2-I folks next 1-2 years.
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