EB2 to EB3 Downgrade discussion - EB2I applicants PD Jan1, 2010- Mar 22, 2010

I am creating this thread to discuss the EB2 to EB3 downgrade option for EB2I applicants whose PD is between Jan 2010-Mar 22 2010 and who can avail a possible downgrade to EB3 as EB3 FAD is current for us. We all have filed our I-485 by now.

My PD is Mar 5. 2010 EB2I

Some of you may not be able to downgrade because of different reasons but for those who can avail this option are you thinking about the downgrade to use the EB3 FAD which us current for us now. I am thinking about it and have found below so far:

  • USCIS is asking for amend vs new filing but this not very clear.
  • People have quoted $8K for this though for some of us our companies will pay or the charge is less as we don’t need to file for our kids who are USC.
  • I am hearing that more Visa numbers will available in 2021 to move the EB2 FAD to late 2010 but I know that EB-2 FAD can be really tricky and few months forward movement can take few years.
  • The chances of EB-3 FAD retrogressing is very low because of low number of applications left in EB-3 for Oct 2009-Apr 2010.

I am inclined to file an amended I-140 in premium processing

  • File amended I-140 in premium processing in Jan 2021. I think I can file I-1485 concurrently as well.
  • Wait for it to be approved and be current in the FAD and let the process move forward.

Please share your thoughts.