It is precisely because of the bottlenecks that Aceman and others have quoted for candidates wanting to downgrade to EB3 that it makes all the more sense for anyone who is able to downgrade to go for it. A lot of candidates cannot do that. Only the bold will get lucky. Those who hesitate will possibly miss the boat!
@Aceman
Since many EB2 with priority date May 2010 have AOS and now Eb3 have AOS Oct 2009. Do you think USCIS move the filing date of EB2 to Oct 2009. I was wondering instead of starting a new I-140 application which might take 6 to 8 months for approval, EB2 can probably wait for 1 or 2 months and USCIS move the filing date to Oct 2009. Do you think it might happen?
First the FD and FAD are set by DHS, USCIS has the option to respect whichever they feel comfortable. EB2 I because of AOS data, have a finite set already. I expect EB2 Filing date to match EB3 I next bulletin if CO is serious about getting an accurate count. If the FD's don't match we get more confusion and chaos for FY 19.Originally Posted by Gc-dedo
Yes, even though I don't like it because of my personal EB3 situation, People beyond August 2009 in EB2I who don't have an AOS should give a serious thought to this.
If you a previous petition with an old employer, a good chance to renew the old relation, that would be the best step. Joining back the employer after GC is easy, because you can work many jobs unlike H1 which is restrictive.
People with EB2 petition alone, beyond May 2010 are in a very tough situation. They should watch the movement in the next couple of months and try and get a new 140. I literally hate this idea, as this will result in double counting of I140 inventory and messes up forward movement, but with high EB1 demand and no SO, Eb2 guys have no better choice.
Hey Ace,
Do you have an estimate of how much is the Inventory for EB2 and EB3 India having approved I 140 by FY?
No we don’t have that information yearly. We only have one big number till early 2018. 216 k Eb2I, 55k Eb3 I
Oh i see. Based on numbers you have provided there are around:
216K EB2 I with approved I 140 in queue and 55K EB3 I with approved I 140 in queue yet to file AOS
If above statement is true then there were 4 times EB2 filed after FY2011 than EB3. If you prorate 55K/ 10 FTY (i.e FY 2009 to FY 2018) = 5500 EB3 I on average by FY. It could be more or less 15-20% may be.
I was just ball parking it
I have been doing the reverse calculation, just to give a different perspective, we have about 85,000 H4EAD's till Dec 2017. This means at the very minimum, we have same number of primaries also. So there will be
atleast 170,000 people waiting for EB GC who are on H1's. L1's excluded.
Hence the range till Dec 2017 would be anywhere between 170,000 to 650,000 (216,0000 + 55,000 + average dependents provided in that worksheet) for both EB2 and 3 India. I know, it is not the kind of range we want to see to make any useful calculations. But I take out 30-40% out from 650,000 (Duplicate filings/spouses with H1's/abandoned) for my calculation. So excluding the higher outliers my deduction of the total people waiting for AOS in Eb2/3 from India would be between
250,000 - 450,000 till 2018. I have used my assumptions (read salt and spices) here
I would say anybody who can file in EB3 should file, irrespective of whether filed AOS already in EB2 or not. For this FY, that would be the smart move. The early bird catches the worm!
:-D Or you can be the early worm to get caught !!!! The EB3 filing does not happen like a flip of the switch and it is time consuming. People in EB2 already with AOS will get the Card in mail, why would they change it and go the EB3 route to take an interview to get the card?
Peeps who already have EAD wouldn't worry too much about this. It might be for people with PD > May 2010
People beyond May 2010 need to Take a serious look at this option. Eb3 numbers are just too low to ignore this. If Eb3 does not utilize the full quota the only guys benefited are Eb1’s.
Experts, i have a question for you. My PD is 15 June 2010 in EB2. I switched my employer recently(Consulting to Full time) and an have started my PERM process recently. My PERM will be filed in about 30 days for EB2(not sure if PERM has EB2/EB3 classification). Question is:
Given the current situation, should i file in EB3 or EB2 ?
Given that I will file my PERM & subsequently I-140, at what point of time should I 'switch' to EB3 if I intend to port my PD ?
Would appreciate your thoughts on this.
At this point go with EB3 if you can. We can say with almost 99% certainty that EB3 would surpass EB2 for your PD. Keep good relation with your former employer if you want to activate the prior EB2 petition if needed.
How do i go with EB3 ? Do I file my PERM in EB3 or my I-140 with EB3 ? How do i port my EB2 PD to this new EB3 application ? Also, regarding former employer, you are suggesting that in case I file with EB3 and EB2 dates move forward, i could use my previous EB2 application with my old employer ?
Gurus can confirm but below is my input:
classification of Eb2 vs EB3 is at I-140 level. For PD porting you need previous i140 approval notice and lawyers can take care rest. If EB2 moves forward you need to ask your previous employer to file I485 and intention to join your employer when greened. You can't do EB2 with current employer at that time.
Bro, don't believe all sorts of illogical advice being dished out by vested interests. Let the PERM be filed in EB2 in premium processing. Once PERM approved, then you can take a decision, which que to join. I think you can file I-140 in Eb2 or Eb3 with an EB2 Perm. Whereas if you have EB3 PERM, then you can only file in EB3 and not in EB2.
You can check it here.
https://www.murthy.com/2011/07/15/eb...he-difference/
PERM with premium processing?
Not available for PERM?PERM with premium processing?Well, I am a dinosaur I guess..
Hi experts,
I have just got my perm approved for Eb2. Now ready to file I140. My priority date is Dec 2010. I have couple of questions and not sure which direction to proceed.
a) Shall I downgrade i140 to eb3 and file it in?
b) Shall I file it in eb2 itself and if my priority date become current for eb3 then do the i140 and 785 again in eb3? will it be feasible?
c) Shall I just wait and do nothing for next 6 months and see which direction these dates move?
If it was me, I would file in both EB2 and also EB3 (in Premium where possible). If money is an issue, file in EB3. When you become current in EB2, you can always go for concurrent filing.
I believe you already have I-140. Why don't you wait a little before making the decision. You have 6 months after PERM approval to file I-140. You can wait for 3-4 months to get a clear picture.
Thanks, so what you are saying that I can file I140 in both the categories simultaneously. Need to check with Company lawyer whether they will do it or not.
Yes and that is one of option I am also thinking but again with corporate world sometime you want to do the things as it is available.
Another question hypothetically that you have EB2 I140 approved and ur date become current for EB3 category. Can you do the downgrade and file I140 & 485 simultaneously in EB3 in the same month OR it is not possible?
Logically looking at the available data, EB2-I from March 2009 - May 2010 has 15000 waiting for their GC already with AOS. They are definitely not going to risk porting down. Also people in EB2 till May 09 who did not do AOS earlier will still go with EB2 considering the extra task for going back to EB3.
This means even with around 8000 visa's a year will take 2 years (September 2020) to clear May 2010. So if you stay with EB2, the earliest you can get an AOS would be 2021.
EB3 is an unknown angel and if the dates move forward like how EB2 did in early 2012, you might get a chance to file 485 as well along with 140 within the next 6 months. So my recommendation would be to wait for next couple of months, and if the filing dates indeed move past your PD in 2010, then go for it in EB3. That way you can mitigate the unknowns and have a better understanding of your options with Points A or B within next 6 months. .
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