Hello Anil,
Have you seen any success stories with EB2 EB3 downgrade premium processing at same center? I have 01 July 2009 PD and EB2 with a reputed hospital, who is willing to downgrade. My lawyer wants to amend the i140 rather than new i140. They said the premium processing without original PERM is not possible even if same processing center. So they are saying the downgrade and interfiling we are looking at about 8 to 10 months. I already had phone consultation with another lawyer regarding premium processing and he says its possible, but not guaranteed. I agree nothing is guaranteed with USCIS, but if the chances are low, I would rather stay put as i have EAD/AP. your thoughts ?
Premium is certainly not guaranteed and USCIS takes a decision if they will allow it or not.
As per my estimate, you are still better off filing EB3 at this time than waiting for EB2 to move.
This is my personal opinion. Use your best judgement.
Hello Anil,
Thank you for the prompt reply. Just a Quick followup Q. Once you downgrade, do v have to interfile or is the linking of pending Aos to newest i-140 automatic? My lawyer said we have to interfile once i-140 is approved. My PD in EB3 is current so want to act fast…
Interfiling simply means replacing the EB2 i140 with EB3 i140 for your pending i485. Linking is not automatically done. You have to file for replacing or interfiling the EB3 i140 explicitly.
Hello Anil,
Here is my update. FYI my AoS was filed in 2012, EB2 to EB3 amendment filed in premium processing, was very fortunate and got accepted and approved without original perm. Receipt date April 26 2019 and Approval date May 3rd 2019. I got the i140 approval notice today. It has the old priority date. My lawyer said that the interlinking was filed with the i140, now its just about waiting. Do we have to follow up with uscis or as my lawyer said, just wait. My EB3 dates are current.
Wow… congratulations. You just wait for USCIS response.
Its finally time for your green card after a long wait.