EB2 to EB3 downgrade USA - 2019 Archive

USA
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Originally published at:

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Hi Anil,
My PD is EB2 India July2010. Was wondering how long it may take before my PD becomes current? May be EB3 would be a faster option if it reaches July2010 ahead of EB2. Appreciate your thoughts. thanks.

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Hi @S_Kumar

At this time, my opinion is that it will take another at-least 3-4 years to reach July 2010 date.

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Thanks Anil. I appreciate it. Hopefully the EB2 to EB3 downgrade of folks in-front me can make it shorter than 3-4 years. But I guess would its unknown on how much impact the downgrade would be. Thanks once again.

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Hi @S_Kumar
It is possible that downgrade and upgrades will speed up the process but chances are low.

The data about pending 485 applications has not been shared by USCIS yet this year. Once they share, we can estimate it better.

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Me & my wife’s I-485s are pending based on my approved EB2 I-140. My wife was able to get an approved EB3 I-140 and then approved EB2-140 through her employer. How can we interfile to be able to use my wife’s EB3 PD (which is current right now). USCIS is not willing to listen since our EB2 PD is not current yet.

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HI @Andy99

What do you mean by USCIS is not ready to listen? Your attorney has to file the interfiling request. You cannot just call them and ask to do the interfiling.

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Is it even possible to interfile from EB2 to spouse’s EB3?

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Hi @Andy99

Each individual’s EB2 and EB3 are separate. As per my information, you cannot mix them both.

I think you are confusing the concept of interfiling. Interfiling means that you use your EB3 i140 with your own EB2 i485 or vice versa.

Interfiling does NOT mean that you use your EB2 i140 to file with your wife’s EB3 i485 or i140.

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Hi,
what does this mean? I don’t understand this sentence. Can you please elaborate.
Thanks

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Hi @REB2

USCIS publishes two different charts with different dates in each monthly visa bulletin for employment based applications.

The two charts are:

  1. Date of filing chart
  2. Final action date chart

USCIS explicitly publishes the month as to when you can use the dates given in ‘Dates of filing’ chart to file your i485 green card application. At this time, the ‘Date of filing’ is not available for use.

‘Final Action date’ chart can be used anytime your dates are current in it.

Does that help?

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Thank you for quick reply.
Sorry still not clear.
So if my priority date is current as per “Date of the filing chart” I can’t file I-485 unless current in final action date chart.

I am planning to downgrade from EB2. My priority date (August 2009) is current in EB3 “Date of the filing chart”.

Thanks

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Hi @REB2

You cannot use the ‘Date of filing’ chart dates at all at this time. That simply means that you could have filed it when ‘Date of filing’ chart was available for use till Jan 2019.
You have missed the chance.

Once the chart is available for use, you can file EB2 to EB3 i140 + i485 concurrently in future.

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Hi My PD is May 26, 2009 EB-2 India. I am with same employer since beginning and have EAD as well. My employer is willing to downgrade to EB3. What is your suggestion on this? Downgrade to EB3 or wait with EB2?

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Hi @jitesh7746

I suggest to downgrade to EB3. Not sure why have you not done it till now.

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Thanks Anil. Company lawyer was not responding to downgrade related questions which caused this delay.

Couple of questions.

  1. Can EB3 I-140 application be directly submitted in premium processing? Some people suggest to first submit it without premium processing and then once receipt notice is received upgrade it to premium.

  2. Is it advisable to submit interfiling letter along with I-140 application or should i wait until I-140 approval?

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Hi @jitesh7746

Premium is not available directly. You submit the downgrade request with premium and then USCIS decides if premium can be allowed for your case or not.

Interfiling is only applicable if your i485 is pending.

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Thanks Anil for the quick response. If USCIS decides that my application is not eligible for premium processing then will they return just the premium processing check or the whole I-140 application? Do they continue processing application without premium processing?

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HI @jitesh7746

USCIS will return the premium processing fees if they find that they cannot consider your case in premium timeline.

They will process your i140 case in regular timeline automatically if they return the premium fees.

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Hi Anil,

Thanks for a nice article. You mentioned downgrade of EB2 to EB3 as daring if EB3 priority date is not current (and suggested to wait for it to be current and file concurrently).

  1. Why do you call that a daring move ? What is the harm in filing the EB3 i140 beforehand (my understanding is EB2 i140 is still available for filing if EB2 dates become current even after the downgrade to EB3 i140)?
  2. How can you concurrently file when the EB3 date is current (while holding a EB2 i140 for a long time since 2010) as the priority-date retaining is what makes you able to file i485, and can be determined affirmatively only after EB3 i140 is approved.

Thanks,
Surya