To interfile or not?
Hello Experts,
I have a PD of March 2013. My dates/status are in my signature. No updates on 485/EAD/AP since September 2021.
My current EB3 application is now retrogressed. Not sure when EB3 will move again. Maybe in last quarter; but I not very optimistic that March 2013 will become current.
Meanwhile I am current in EB2 FAD as of March. My PERM, which was approved less than a year ago at the current employer, was filed for EB2. So my employer can apply for I140 in premium and then I485J to interfile. Lawyer says that since original PERM is not available, USCIS may reject premium and ask to reapply in 30 days; which we will. They said that usually these types of I140 applications get approved in a month or so. That means the actual interfile application will reach the new California center late April or so.
Interfile will mean my 6 month AC21 clock will get reset. It will cost additional time, money & effort. Also, it is a bet on EB2 being ahead of EB3, which is true right now, but may or may not actually stay that way in future bulletins. Are there any other cons of interfiling? Pro is higher probability of getting GC by September 2022 (but no guarantees of course).
What would you do in my situation? Interfile to EB2?