EB2 to EB3 downgrade USA - 2019 Archive

USA
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Hi @suryand

I have not called it a ‘daring’ move. I have just given my suggestion that it is not required.

You are calling it a ‘daring’ move. If you have the money to spend, you can go ahead and file for EB3 downgrade right now without waiting. Its your choice.

When you file EB3 i140 to downgrade from EB2, you are asking USCIS to use the EB2 i140 dates.

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Hi Anil,
Thanks for the response. That helped me clarify by doubt.

This is from the article that raised my question : “Downgrading in advance to be ready to file i485 as you expect EB3 to be current for you in next couple of months is a daring step.”

I realize this isnt exactly what I thought it is, so want to clarify again : If one files in advance and the EB3 date becomes current before it gets approved, does he she miss the chance to file concurrently and have to wait now till it gets approved? (Or did you mean wasteful instead of daring?)

Thanks,
Surya

23

Hi @suryand

Thanks for highlighting the line. May be I should change the language to confusion. My apologies.

Off-course, you can file i140 + i485 concurrently only if the date is currently current. If you file now when date is not current, you can only file EB3 i140 and which is not considered concurrent filing.

When the EB3 date gets current, you will need to wait for i140 approval to file i485 if it has not been approved by that time.

24

Hi Anil,

Thanks, so looks like downgrading is indeed a daring step in some ways if the expectation is the EB3 dates will become current in couple of months.

My misunderstanding of the line is what raised the question, thanks for clarifying.

I was also wondering why it is called downgrading while it is actually a parallel EB3 i140, probably for easier reference?

Thanks in advance,
Surya

25

Hi @suryand

Ya… downgrade is a common term used in this scenario.

26

Hi Anil,
I have 140 eb2 from 2009. At the time it was Texas service center.
Couple of months back filed downgrade to eb3 with 485 concurrently at Nebraska center.

Have seen in your experience any body filed 140 in premium in this situation and got accepted and/or approved?

Thanks for your help.
Reddy