EB2 to EB3 Downgrade, Fast Green Card Questions and Answers

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26 posts were split to a new topic: EB2 to EB3 downgrade USA - 2019 Archive

Hi Anil,
My EB2 PD is 1/18/2010, I see that EB3 Date of Filing is current for my PD, I am thinking to downgrade from EB2 to EB3 however given the current trends I am not sure if EB3 FA date becomes current for me or EB2.
In your opinion, Do you think EB3 or EB3 moves faster coming months? Is it a good idea to downgrade now?

Hi @waiting12

My suggestion is to wait till your date gets current in final action date chart in either EB2 or EB3.

Hey @Anil.Gupta I have a EB2 PP of May 10th 2010. I would like to know if you think I should downgrade to EB3 and apply, Then later do an interfiling back to EB2 is GC Final Action Dates move. Though i feed FA for EB3 might move earlier than EB2. I wanted to check do you think EB3 Filing Dates will move past EB2 May 1st 2010 dates. Since that will trigger a tsunami of downgrades from EB2 to get EAD atleast

Anil, in your article, you have mentioned in the beginning,m that it is better to wait for downgrade, until EB2 PD is current on EB3 “Approval” chart… but in rest of the article, you have advised to go ahead if EB2 PD is current in EB3 “filing” chart… can you check?

Dear Anil,
I have 2 EB2 approved I-140 both with same PD. One is from Employer and other is via NIW category. How/what can be done to port the NIW EB2 to EB3, as the Filing Dates are 2015 for EB3 now. Is there any hassle or will it get easily ported based on my current EB2 NIW of January 10, 2012 ?

Hi Anil,
In the below article you mentioned we need to file perm even if we are working for the
same employer in Merge scenario - amended i-140 after merger/acquisition.
i read some where, perm not required if it is successor of interest(only i140 amendment is required)

So when we downgrade from EB2 to EB3 no need of perm right? Can you please confirm?

Can I file 485 under EB3 if EB2 is approved, but only EB3 is current? - YouTube.

Anil,

My PD date is on Feb 29th 2016.
My understanding many people of EB2 who fall in the current date of EB3 will downgrade to EB3 to leverage the benefit.

If maximum people shifts from EB2 to EB3, will there be a chance for EB2 to jump from May 2011 by 5 years in coming months ?

Could you explain how it works?

Thanks and Regards
-SR

Hi @karthik_reddy

'Successor of interest; is an exception. You may not need a new PERM for this exception.

Hi @anil_am22,

I have an approved EB2 I-140 with my current employer with Senior Software Engineer role, recently got promoted to Principal Software Engineer, the responsibilities are 90% exactly same and Both roles have same SOC code. Can I use existing PERM and I-140 to downgrade to EB3 and file I-485 concurrently? or do I have to have PERM done all over again? What if my employer and I agree that once I-485 is approved, I would go back to Senior Software Engineer, would that work? and Can I use existing PERM in that case?.

Thanks in advance
Raj

Hi @anil_am22

What is the option for people who are in date of filing chart as per October 2020 bulletin and stays in India ? I am working for same employer who filed my I40. Am I eligible for filing for adjustment of status or consular processing ?

Please advise

Hi Anil,
I have an approved I 140 from EB2 category. Can I file for another I140 using the existing PERM in EB 3 category? Is there any risk to my EB2 I140? Because I want to maintain both. Please advice.
Thanks.

You should have a valid non immigrant visa to file adjustment of status I-485 and EAD from the US.
When you are in India you can file I-485 only with consular processing where you will not get the benefit of applying for EAD when your I-485 is pending.
These are just my thoughts. Please check with immigration lawyer to get more info based on your case.

Thank you! This helps. Waiting for travel ban to be over

Hi Anil, I have question regarding EB3 to EB2 downgrade risk. In your article, its mentioned that if we use EAD Card then can’t port our application back to EB2.

What if my wife uses EAD card and I remain on H1B. In this case, switching to EB2 is allowed by USCIS or not?

Thanks

Hello Anil,

My EB2 PD is May, 2012. Currently spouse has an EAD though we don’t use it much. If I downgrade to EB3 now and filing I-485, got EAD for both myself and spouse, but I am keeping my EAD aside continuing in H1B status, can my H4 spouse use the EAD from pending I-485? or do I have to apply for her H4 EAD every time with H4 renewal. Given the poor response timings for H4 approvals don’t want to rely on H4 EAD, but at the same time don’t want to risk primary H1B because of spouse using EAD. Can you please explain how this works?

Thanks.

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Hello,
My I-140 was approved back in 2014, my PD being 2012. Now i’m with employer B.
With recent hype/commotion in visa dates, i’ve asked my current employer B to start porting my approved I-140.

When i spoke to my previous HR, i was told that my new employer can simply file a job change application and start I-485.
But my current HR says that i need to start the whole PERM process from scratch, so i better go back to my previous employer and get the I-485 filing done.

I’m confused. Is it mandatory to file PERM/Labor again or my current HR is confused?

thanks,

Based on my experience being in the same boat 5 years ago, you need to start a new PERM process and file for I-140 and retain the previous PD.

Hello Folks,

I have EB2 priority date SEP-2011 with employer A. Now I’m working for employer B, who is yet to start GC process, I feel it will take 9-12 months to start the process and after that another 8-12 months for PERM approval. So

  1. Is it GOOD to downgrade from EB2 to EB3 with employer A & file I140 & I485 together as future employment?
  2. If I downgrade from EB2 to EB3, will my EB2 I140 still valid?
  3. While Pending downgraded EB3 AOS application, will employer B can start PERM & I140 in EB2 and by that time EB2 dates are current, can employer B file I485?

Appreciate your responses.