EB2 India GC Wait 20 yrs Average, 151 Yrs Worst Case

EB2 India Predictions for Green card is average of 20 years with worst case as 151 years wait time. 2879 GC issued to EB2 India in 2017-18 counted separately for each person.

Written by Anil Gupta
  By Anil Gupta          Updated  2 Mar, 20

116        

EB2 Priority Date Dec 2019 – Employment Based

Check next visa bulletin predictions for EB2 India collected from Charles Oppenheim.

AugustDate of FilingFinal Action
EB1 India15 Mar 171 Jan 15
EB2 India1 Jul 0915 May 09
EB3 India1 Feb 101 Jan 09

USCIS has started the use of ‘Date of filing’ chart in October 2019 Visa Bulletin.

EB2 India Predictions Green Card Wait Time

If your employment based green card priority date is July 2009, you have already waited for close to 10 years at this time. The date is NOT expected to be current anytime in near 2-3 years.

This makes the waiting time for anyone already in the EB2 Indian queue at-least 20 years. The maximum is expected to be 151 years and average is about 40 years for an India born skilled worker filing their US Green Card PERMtoday in 2018.

Indians waiting for GC Priority Date in 2019

IndiaEB-1EB-2EB-3
Primary34,824216,68454,892
Dependents48,754216,68460,381
Total83,578433,368115,273
GC Issued 201713,0822,8796,641
Projected Wait6 Yrs151 Yrs17 Yrs

NOTE: Dependents = Spouse and Children (less than 21 years age). As per USCIS estimates, EB1 dependents = 1.4 of primary. EB2 dependents = primary numbers, EB3 dependents = 1.1 of primary.

EB-1: Extraordinary ability, EB-2: Advanced degrees, EB-3: Bachelor’s degrees

Source USCIS in May 2018 and travel.state.gov.

Indian green card queue waiting numbers issued by USCIS

Indian green card queue waiting numbers issued by USCIS If the same amount of 2879 Green cards are issued to EB2 India every year from now, which seems like a case without any carryover form other categories, the Indian EB2 skilled worker has a wait of about 151 years (433,368/2,879 = 151 years).

Related: Current USCIS H1B processing time – Updated Daily

Indian EB2 green card wait 151 years

Indian EB2 green card wait 151 years

H1B Green card with US born citizen Kid?

Unless the US Immigration law is changed, to remove country based GC limits with law like HR 392, there is NO real possibility of any Indian joining the EB2 Green card queue, to get Green card in his/her lifetime.

To circumvent this 150 year wait, your Adult US citizen child can sponsor you once he/she turns 21. This will give you Green card immediately as there is neither any yearly limit nor any priority date waiting for immediate relatives of US citizens.

India EB2 to EB3 downgrades possible With EB3 Indian GC queue moving ahead faster than EB2 starting October 2018 visa bulletin, the chances are very high that EB2s will start jumping the ship to EB3 as has been the case with Chinese Queue.

The same EB3 people who moved from EB3 to EB2 to get faster green card will see downward movement now. The US immigration law is crazy!

EB2 Indian can downgrade to EB3 easily.

PERM filings are increasing Year on Year

The PERM filings are stuffing the already backlogged Indian EB2 Green Card queue. Normally, if there are Green Cards left in EB1 category, they spill over to EB2. But, with current trend where EB1 itself is backlogged, EB2 India is just left with 2,879 (as per report for FY 2017).

To add salt to the misery, each employment based green card is counted separately for each H1B or any other immigrant family member.
This means that if you filed Employment based GC, your dependent wife, your dependent kid will be counted too in the EB2 number 2879.

If you take an average family size of 3, the total employment based GC’s would come down to mere 959 !!! With only 959 Green cards issued every year to EB2 India in 2018, do you think that you will ever get to see that prized card in your life time?


Open link in new window.

This happens due to the EB3 to EB2 upgrades every year. EB3 becomes eligible for upgrade after 5 years of work experience.

EB2 India Predictions Green card is 20 to 70 years

India Green Card backlog Survey

EB2 is the most preferred category for Indian H1B workers to file Green Card.

Help us gauge the mood of Indian community by filling up this short survey. You need google account to fill it. No email collected. No spam. You can see survey results once you have filled it yourself.


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  116 Useful Questions & Answers

  1. Dara Prasad
    Dara Prasad 18 Feb, 20 at 4:02 pm

    Hi Anil..
    Thanks for sharing a lot of info. Appreciate all the work. Thank you.

    I have quick question regarding EB3 and EB2. First my employer filed in EB3 and got approved with priority date 07/2011,
    Later after few years becoz of my promotions same employer filed in EB2 category and ported my priority date as well. So both EB2 and EB3 are same employer.
    In of your replies to someone on Jan 14, 2019 for the same question, you mentioned that a person can file directly I 485 If the dates are current in EB3.
    My lawyer says that we need to apply i-140 again in EB3 category and informed new permanent is not required.
    can you please share your info on this.. concerned as my child will be in college 4 years from now. even though they can remain until age 21 under parents file.Thank you.


  2. Santosh Asbe
    Santosh Asbe 30 May, 19 at 2:20 pm

    My i140 is approved with date of 20-Dec-18.
    I am confused on Date of filing and Final action date. Which one should i follow to apply AOS.


    • Anil Gupta
      Anil Gupta 30 May, 19 at 9:58 pm

      Date of filing can be used to file i485.


  3. Aggdoc
    Aggdoc 29 May, 19 at 10:43 pm

    Hello! My Eb1-b I140 approved recently. Priority date is Jan 2015. Does this mean I need to wait for more than 4 years to file for 485? :(. Whats the expected trend for Eb-1 (india)? Thank you in advance…


    • Anil Gupta
      Anil Gupta 30 May, 19 at 7:49 am

      Wait times are increasing for EB1 this year. I am not sure how much it will take for your date to get current. You cannot file i485 unless the date is current.


  4. H1BWorker
    H1BWorker 24 May, 19 at 6:06 pm

    My priority date is Sept 2010 (Currently EB2). Should I wait in EB2 or downgrade to EB3?


    • Anil Gupta
      Anil Gupta 24 May, 19 at 6:36 pm

      I suggest to wait for your EB2 date to get getting in EB3 and then take any action.


  5. Bala
    Bala 14 May, 19 at 11:08 pm

    Eb3 July 22 2009 When will it become current or when can I file?


    • Anil Gupta
      Anil Gupta 15 May, 19 at 8:40 am

      I do not know when will July 22, 2009 get current. I know it is frustrating to have waited so long and being so close to green card date.
      But, 22 days can still feel file like a year.


  6. Moiz
    Moiz 6 May, 19 at 12:35 pm

    My priority date is Sept 15th 2011 under EB3, When will it become current or when can I file?


  7. Indra kumar Anandan
    Indra kumar Anandan 25 Apr, 19 at 8:06 pm

    Hi Anil,

    My priority date is May 22, 2009, I changed employer 3 years ago, when do you think I will be current. on EB2.


  8. mohan
    mohan 23 Apr, 19 at 9:53 am

    Hi Anil,
    I am getting married to Indian applying for EB1 visa. What would the wait time be for a green card for me (as a spouse)?


    • Anil Gupta
      Anil Gupta 23 Apr, 19 at 1:04 pm

      EB1 is not a visa. It is a category of Green card priority.
      The green card wait will be same as for your spouse of about 3-4 years.


  9. White Flower
    White Flower 15 Apr, 19 at 12:41 pm

    Your webpage shows lead time of 17yrs for EB3.
    My PD date is EB3 Oct 2014. Do you think it will be current in like 20yrs?, With all people downgrading EB2→EB3


    • Anil Gupta
      Anil Gupta 15 Apr, 19 at 12:42 pm

      The EB3 lead time of 17 years is applicable when there are no downgrades happening from EB2 to EB3.
      The real time will probably balance out between EB2 and EB3 over time as many people would jump over to other stream as and when they get a chance and the date is current in it.


      • White Flower
        White Flower 16 Apr, 19 at 12:04 pm

        So it means if 151 yrs is for EB2 then about 76yrs for both no matter eb2 or eb3 equally divide?


        • Anil Gupta
          Anil Gupta 16 Apr, 19 at 12:21 pm

          You can assume it that way but, its really does not work out that way in real life as more GCs spill over from other categories too.

          But, on a high level, you can assume that each EB2 and EB3 will take at-least 50 years unless the immigration law is changed to remove country based limits.


          • White Flower
            White Flower 17 Apr, 19 at 7:24 am

            Thanks for the reply Anil. It seems hopeless but its a one way street so can’t turn back.


  10. Prasadh Kannan
    Prasadh Kannan 12 Apr, 19 at 4:41 pm

    Hi Anil, My PD is 18-Apr-2009, you think it will be current next month?


    • Anil Gupta
      Anil Gupta 12 Apr, 19 at 4:58 pm

      Chances are good that it might get currrent in EB2.
      Any reason that you have not downgraded your EB2 to EB3 for filing your i485?


      • Prasadh Kannan
        Prasadh Kannan 12 Apr, 19 at 4:59 pm

        Thank you for your comment, Anil.
        I changed my employer several years ago using my EAD and my current employer don’t sponsor GC. I went for interview in November ’18, USCIS kept my case in the local office and asked me to schedule appointment once current. This is probably my best chance otherwise if it goes back to Service center, who knows how long it will take. One retrogress will do!


        • Anil Gupta
          Anil Gupta 12 Apr, 19 at 5:08 pm

          Sounds good. All the best and let us know the result.


  11. remy
    remy 12 Apr, 19 at 2:11 pm

    My priority date sept 17 2010 Eb3 . Stuck with Indian company want to know if i should change jobs or wait for priority date


    • Anil Gupta
      Anil Gupta 12 Apr, 19 at 2:31 pm

      Its your choice.
      It will still take at-least 4-5 years for your priority date to get currrent.


  12. Amrit Singh
    Amrit Singh 9 Apr, 19 at 1:42 am

    my priority date is Aug 2011, when can I expect to be current


    • Anil Gupta
      Anil Gupta 9 Apr, 19 at 5:44 am

      At-least 7-8 years of wait unless the law is changed.


  13. rakesh
    rakesh 7 Apr, 19 at 10:26 am

    my priority date in October 2017 in eb2, when can I expect to be current?


    • Anil Gupta
      Anil Gupta 7 Apr, 19 at 10:37 am

      Probably in year 2119 if the US immigration law is not changed.


  14. Manan
    Manan 7 Apr, 19 at 1:41 am

    My priority date for EB1 India is September 22 2018. When can I expect to be current?


    • Anil Gupta
      Anil Gupta 7 Apr, 19 at 5:28 am

      Your date may get currrent in Nov 2019.


  15. Dinesh
    Dinesh 1 Apr, 19 at 7:32 pm

    Really appreciate your analysis.

    Would like to know your view on this mystery:

    The one thing which confuses me is that how is it that this has become such a big problem in the last year. How is it that in the previous years we never heard of this. It is not possible that the GC queue for EB2 suddenly went from 100,000 or 200,000 to 400000 overnight. Right? What am I missing? Was it always near to this number and no-one paid any attention? We in the EB2 category have been hearing wait times of 5-7 years ever since we filed right uptill last year.

    Did something change in the last couple of years to suddenly cause this huge backlog?


    • Anil Gupta
      Anil Gupta 1 Apr, 19 at 8:36 pm

      The backlog has been adding since 2008. You have heard about it late.


      • Dinesh
        Dinesh 1 Apr, 19 at 8:41 pm

        But isn’t the 150 year wait a new thing we have heard recently in media?


        • Anil Gupta
          Anil Gupta 1 Apr, 19 at 9:42 pm

          The calculation has been done based on current scenario as there are no spillovers received by EB2 as were received earlier from EB1.

          EB1 is also over subscribed now.


          • Dinesh
            Dinesh 2 Apr, 19 at 1:48 am

            So basically this situation has become worse because of the EB1-C(managerial capacity) abuse. So theoretically if EB1-C process came under heavy scrutiny, then this process should revert back to the normal pace as before?


            • Anil Gupta
              Anil Gupta 2 Apr, 19 at 9:17 am

              Even with high scrutiny and high rate of EB1-C rejections, the EB1-C is still over subscribed and backlogged.
              I do not think it is going to ease out in near future.


  16. sam
    sam 29 Mar, 19 at 3:12 pm

    Hi Anil,

    Do you have a post or experience about Employment based Consular processing in India? Documents and process?

    Sam


    • Anil Gupta
      Anil Gupta 29 Mar, 19 at 3:12 pm

      What is this consular processing for? H1B visa or Green card?


  17. Rahul Malhotra
    Rahul Malhotra 28 Mar, 19 at 2:38 pm

    Hi Anil,
    My PD is Feb 2,2011 EB2. Do you think I have some chance in filing EAD by 2021 ?
    Thank you
    Rahul Malhotra


    • Anil Gupta
      Anil Gupta 28 Mar, 19 at 4:00 pm

      I do not think that EB2 India will move fast enough for your file your i485 by 2021. It will take at-least 7-8 years for EB2 Indian to reach Feb 2011 unless the country based Green card limits are removed.


  18. Sheksar
    Sheksar 27 Mar, 19 at 8:14 am

    Hi Anil
    I have two questions.
    My Priority date is 11/27/2009 EB2 India
    1. Do you think how long I have to wait? may be approximate days/months/years 🙂
    2. I am not keeping my H1B, I joined directly with my EAD with another employer 6 years before. Is there a way to downgrade?


    • Anil Gupta
      Anil Gupta 27 Mar, 19 at 10:08 am

      I share my predictions above every month. Please follow them.

      Assuming your i485 is already filed and pending (which you have not disclosed), you can file EB3 i140 and replace the underlying EB2 i140 for your pending i485.


      • Sheksar
        Sheksar 27 Mar, 19 at 5:32 pm

        Thanks. Yes I have already filed my i485.

        Please let me know if you have any predictions on my priority date


  19. Chhapak
    Chhapak 22 Mar, 19 at 12:44 pm

    Hi @spot_anil_gupta:disqus My EB-2 priority date is July 2013. How long will it take to get EAD? Appreciate your help.


    • Anil Gupta
      Anil Gupta 22 Mar, 19 at 1:35 pm

      EAD comes into picture only when you have filed i485. For your i485 filing, the date should be current and I do not think it will get current for July 2013 in next 20 years unless the US immigration is changed.


  20. puneetbhagat
    puneetbhagat 19 Mar, 19 at 8:53 pm

    Hi @spot_anil_gupta:disqus. My PD date is Sep 2009, EB2 India. My EB2 I-140 is from a previous employer and based on your article to downgrade from EB2 to EB3 with the current employer will require the new EB3 PERM and file a new I140 with the EB3 category. Since PERM process will take its own time, would you recommend starting the process now or wait for EB3 to be current for my PD? Or do you believe with EB2 to EB3 downgrades in general, EB2 should be current for Sep 2009 sooner than new PERM timeline? Please advise.

    Also, do you see any downsides of downgrading from EB2 to EB3 on H1B extensions or EAD/AP card extensions using EB2 application?


    • Anil Gupta
      Anil Gupta 19 Mar, 19 at 9:31 pm

      Haven’t your current employer filed PERM and i140 for you in EB2 yet?
      If not, then it is a good idea to at-least start the PERM process.


      • puneetbhagat
        puneetbhagat 19 Mar, 19 at 10:20 pm

        Sorry that I was not clear about the PERM and I140 in my initial post. I had my I485 filed with previous employer so new one only had to do AC21. My question was around filing new PERM for EB3 with new company to downgrade from EB2, as the EB2 is from previous employer and requires a new PERM.

        So going back to my original question – would you recommend initiating PERM for EB3? Also, do you see any downside of downgrading to EB3 on my current H1B or EAD renewal?


        • Anil Gupta
          Anil Gupta 20 Mar, 19 at 8:12 am

          I do not see any downside except the cost of filing. I have covered other EB2 to EB3 scenarios here.


          • puneetbhagat
            puneetbhagat 20 Mar, 19 at 11:34 am

            Thanks @spot_anil_gupta:disqus. I am exploring that option with my attorney as well. As far the timeline for GC EB2 India Sep 2009 date to be current, what is your take on that? With the downgrades from EB2 to EB3 in general, would the EB2 not benefit and hopefully EB2 dates should progress at some point.


            • Anil Gupta
              Anil Gupta 20 Mar, 19 at 5:25 pm

              Ya..EB2 should progress but it will still be slow and might take about 12+ months.


  21. Naga G
    Naga G 18 Mar, 19 at 2:21 pm

    Hi Anil , Firstly thank you for your time to answer the questions .
    Question – PD Date – EB2 -India -Nov 2009
    If EB3 India moves up to Nov 2009 before EB2 India , we plan to concurrently file a downgrade. Are there any disadvantages to downgrading in terms of denial or rejection? In an ideal scenario we can provide a reason for upgrade.Can we say that we are downgrading to speed up GC process ? Is that an acceptable answer ?(During an Interview)

    Also If EB3 downgrade for some reason takes a wrong turn, will it impact the existing EB2 I 140 ?


  22. Sathya Arun
    Sathya Arun 18 Mar, 19 at 12:04 pm

    Lol everytime I search eb2 priority date…. why this stereotype person thread popping up on the top….


  23. Naga G
    Naga G 16 Mar, 19 at 11:28 pm

    Hi Anil

    My spouse’s priority date is 12th Nov 2009(EB2 India) , and I am on H4 EAD . Both of us work and current extension is valid until June 2020 . We also own an LLC which was opened on H4 EAD . We are unable to decide the downgrade to EB3 option. Few questions around it –

    1. DF chart for EB3 India moved to April 2010 . USCIS ,as I understand tells us if that chart can be used to file I-485 . Considering our scenario , what are the chances that we will at-least get an EAD if we downgrade to EB3 ?

    2 . In case we don’t get an EAD before June 2020 , do we have to dissolve the LLC ?

    3. From status point of view , is it better to just stick to EB2 and wait for the wonder to happen 🙂 ?

    Appreciate your inputs .Thank you!


    • Anil Gupta
      Anil Gupta 17 Mar, 19 at 3:10 am

      “Date of filing” chart was open until Jan 2019 for use. If you did not file your EB3 i485 already, you have missed the chance. You cannot file it now until the DF chart opens again.

      You can file for EB2 to EB3 downgrade right now or wait for PD date to get current in Final action date chart and then file EB3 i140 + i485 concurrently.
      My suggestion is to wait and file concurrently.


      • Naga G
        Naga G 17 Mar, 19 at 8:41 pm

        Thank you very much for your response.


  24. Horizon
    Horizon 14 Mar, 19 at 7:46 am

    Hi Anil

    My spouse’s priority date is 19th Nov 2009, and I am on H4 EAD, what do you thing when the date will be current for GC, He already got 5 times H1B extension and woking in Sanofi ( Big Pharma company), do you thing in future there will be any issue for H1B extension.
    Thanks


    • Anil Gupta
      Anil Gupta 14 Mar, 19 at 7:57 am

      You have neither mentioned the EB category for your GC nor the country of birth. I cannot estimate without enough information.


      • Horizon
        Horizon 14 Mar, 19 at 7:57 am

        sorry

        EB2 India


        • Anil Gupta
          Anil Gupta 14 Mar, 19 at 7:03 pm

          It will take about 1-2 (may be more) years easily for EB2 India to reach 19 Nov 2009.


          • Horizon
            Horizon 15 Mar, 19 at 8:54 am

            thanks Anil.


          • Naga G
            Naga G 15 Mar, 19 at 9:34 am

            Hi Anil , We are in same situation . A followup question and trying to seek some advice- Do you recommend downgrading to EB3 ? I am on H4 EAD and is valid through June 2020 . Not sure of H4 EAD’s status at this point. Considering it will go by Dec 2020 when we will be eligible for extension , what are our options really ? Also do you think DF chart for EB2 will move in near future which will give us another opportunity . Thank you in advance for helping with all these questions.


          • Naga G
            Naga G 15 Mar, 19 at 9:34 am

            Hi Anil , We are in same situation . A followup question and trying to seek some advice- Do you recommend downgrading to EB3 ? I am on H4 EAD and is valid through June 2020 . Not sure of H4 EAD’s status at this point. Considering it will go by Dec 2019 when we will be eligible for extension , what are our options really ? Also do you think DF chart for EB2 will move in near future which will give us another opportunity . Thank you in advance for helping with all these questions.


            • Anil Gupta
              Anil Gupta 15 Mar, 19 at 7:35 pm

              I do not understand your situation as you have not mentioned your PD date.
              If your PD date is same, then I have already given my answer earlier and that should be valid for your as well.


  25. Faltu
    Faltu 11 Mar, 19 at 2:46 pm

    Any idea when can EB3 (I) March 2010 becomes current? Downgraded from EB2 to EB3 TO get EAD (still in process) – trying to get an idea when it can become current. Thanks!


    • Anil Gupta
      Anil Gupta 11 Mar, 19 at 2:59 pm

      At this time, it is difficult to say anything with good confidence. I am waiting for USCIS i485 pending data and then can estimate in a better way.


      • Faltu
        Faltu 14 Mar, 19 at 9:25 pm

        April bulletin moved eb3 i to June 09. I know it doesn’t give any idea about pending 485 but may give a clue as they decided to move even after seeing eb2 to eb3 downgrade numbers. what is your thought?


        • Anil Gupta
          Anil Gupta 15 Mar, 19 at 6:21 am

          Good that its moving but it will retrogress by end of Sep 2019.


  26. Sumit
    Sumit 11 Mar, 19 at 1:07 pm

    Hi Anil,

    Thank you for putting together facts into this insightful post and sharing the same. To my discredit I have been somewhat lackadaisical in my GC process and had mostly left it to my company & lawyers which now has come to haunt me.

    To share some back ground:

    Company-A which processed my original GC (I-140 was approved under EB-2 with a PD of 04/02/2012) split owing to corporate re-structuring and I was migrated to the spin-off Company-B. Now the new Company-B is re-filing my GC under the new legal entity. The paralegal handling my case informed me that the PD for my case will retain the original date.

    Appreciate if you could please confirm if this is correct.

    Also, we’ve been putting off purchasing a home and have been renting while GC is pending. We were considering purchasing a small home rather than continue renting if it will be more than a few years before GC else probably go in for the “dream” home if GC is only a couple of years away.

    When would you estimate I would be able to file for i-485 EAD and receive my GC? We understand that anything provided here is ballpark only and will treat as such.

    Thanks again for sharing.

    Best regards,
    Sumit


    • Anil Gupta
      Anil Gupta 11 Mar, 19 at 2:36 pm

      Green card priority date can be ported with approved i140 legally. This is correct.

      As per my estimation, your 2012 PD date will take at-least 10 years to be current unless the immigration law is changed.
      So, if you want to move in to “Dream home”, move in now without waiting for GC and losing prime time of your life.


      • Sumit
        Sumit 11 Mar, 19 at 6:09 pm

        Thanks Anil!


  27. GOT
    GOT 7 Mar, 19 at 6:06 am

    Hi Anil,

    My PD is August 19th 2010 EB3 India. Any idea when it might be current.

    Thanks


    • Anil Gupta
      Anil Gupta 7 Mar, 19 at 10:31 am

      It is difficult to predict but as per my estimate, it will take at-least another 3 years for your Aug 19, 2010 date to get current.


      • GOT
        GOT 7 Mar, 19 at 1:05 pm

        Thanks Anil for the reply. Do you think Dates for Filing chart might be current in the first quarter 2020 and can expect EAD ? Since they are current till April 1st 2010 in JAN 19 bulletin.


        • Anil Gupta
          Anil Gupta 7 Mar, 19 at 1:54 pm

          No, i do not think EB3 date of filing will reach August 2010 anytime sooner due to EB2 to EB3 downgrades that are happening currently in large numbers.


          • GOT
            GOT 7 Mar, 19 at 5:20 pm

            Thanks Anil for the reply.


  28. Ajit Kumar
    Ajit Kumar 6 Mar, 19 at 2:56 pm

    Hi Anil,

    My PD is Oct 31st 2017. I have my approved i140, but have not filed 485 . Would you be able to advise :

    – When my dates would become current based on the new analysis
    – Would USCIS accept DF dates any time soon ??

    Thanks


    • Anil Gupta
      Anil Gupta 6 Mar, 19 at 4:26 pm

      Your PD date of Oct 2017 will get current possibly after 90 years if the US immigration law is not changed to remove country based limits.


      • Ajit Kumar
        Ajit Kumar 6 Mar, 19 at 4:57 pm

        Thanks Anil for the quick reply.
        I should have mentioned that it’s EB 1. Can you please advise.


        • Anil Gupta
          Anil Gupta 6 Mar, 19 at 5:06 pm

          As per my estimate, your EB1 date may get current by Nov 2019.


          • Ajit Kumar
            Ajit Kumar 6 Mar, 19 at 5:07 pm

            Thanks Anil. Appreciate it. Have a good evening


  29. Remi Nders
    Remi Nders 21 Feb, 19 at 11:46 am

    Hi Anil, thanks for detailed and insightful analysis. I have EB2-I-140 approved with PD 3-Aug-2010 thru former employer A. With current Employer B, I got new PERM approved on 29-Nov-2018. My current Employer B’s attorney’s is pushing me to decide on EB2 or EB3 category and file for next step which is I-140. With EB3 movements in recent months, I am not able to decide whether to go for I-140 with EB2 or EB3. My employer is also saying they will do I-140 only once( no downgrades or upgrades later).

    What would be your recommendations for me considering current situation? Appreciate your guidance.

    Note: My current H1B is valid till 21-Sep-2020 and I think I would need an approved I-140 for current employer to extend H1B in 2020. I also saw in your post – “USCIS has stopped the use of ‘Date of filing’ chart in February 2019 Visa Bulletin”- What does that mean? Thanks


    • Anil Gupta
      Anil Gupta 21 Feb, 19 at 3:09 pm

      My suggestion is to go with EB2 at this time and file for downgrade to EB3 later if your final action date gets current in EB3.

      At this time, only ‘final action’ chart in the visa bulletin is allowed to be used. ‘Date of filing’ chart was available only till Jan 2019.


      • Remi Nders
        Remi Nders 21 Feb, 19 at 4:51 pm

        Thanks Anil for guidance. Does that mean that going forward there is no meaning of “Date of Filing” Date, is it only for India? Would we be able to use only “Final Dates” to apply for 485, EAD etc? But I can see Date of Filing changed from to 01-Oct-18 in Feb bulletin to 01-Mar-18 to Mar bulletin for Philippines.

        If Date of Filing for EB3-India was moving forward ( currently 01-APR-10 for EB3) than I had a good chance of hitting my PD 3-Aug-2010 in next few months? Any idea what is the reasoning that USCIS would not be progressing Date of Filing?


        • Anil Gupta
          Anil Gupta 21 Feb, 19 at 9:13 pm

          USCIS opens up the use of ‘Date of Filing’ chart occasionally. They notify it explicitly and I update the article too.

          At this time, only ‘Final Action’ chart is available for using and filing i485 applications.


  30. Jitesh
    Jitesh 28 Jan, 19 at 8:52 pm

    My PD is EB2 May 26 2009. Do you think it is worth it to downgrade to EB3?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:02 am

      If you want to get the i485 EAD and AP, then you can file EB3 downgrade.
      It is possible that EB2 final action date may not reach May 26, 09 at all by the end of current fiscal year.

      And the EB3 may also retrogress. So, if you do not want to miss the bus of getting EAD, you can file EB3 downgrade, else wait for EB2.
      EB3 downgrade process.


      • Jitesh
        Jitesh 9 Feb, 19 at 10:12 am

        Thanks Anil. Forgot to mention that I already have EAD and AP (since 2012). I am wondering about is it worth it to downgrade to get Green card faster? Trying to evaluate risk vs reward if I downgrade to EB3.


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:43 am

          If you already have EAD and AP, then there is no use of filing i485 with EB3 at this time. Until, the ‘Final Action’ date is current for you in EB3, you won’t get Green card anyway.


          • Jitesh
            Jitesh 10 Feb, 19 at 12:27 pm

            Wouldn’t I need to file new I-140 for EB3 first? I don’t need to wait for “Final Action” to be current for filing I-140 right? I think It takes few months to get I-140 approved. So by the time I-140 gets approved, “Final Action” date may become current for EB3 and then file EB3 I-485 at that time. But there is also possibility that EB2 date becomes current before that. So that’s why I am confused.


            • Anil Gupta
              Anil Gupta 11 Feb, 19 at 8:13 am

              That’s why I have suggested to wait for the EB3 final action to get current before taking any action.
              It is possible that EB2 final action may get current earlier than EB3.

              This race between EB2 and EB3 will continue now as both are pretty much same at this time and people would be jumping from one queue to other.


              • Jitesh
                Jitesh 11 Feb, 19 at 1:51 pm

                Thanks!


        • Dexter
          Dexter 14 Feb, 19 at 9:18 am

          How did you get EAD and AP if your priority date is not current? Wondering if it is still possible?


          • Anil Gupta
            Anil Gupta 14 Feb, 19 at 10:16 am

            He would have filed his i485 and EAD + AP when the 2012 dates got current some years ago.
            It just happened once and since then, the EB2 India dates has never touched 2012 again.


            • Faltu
              Faltu 11 Mar, 19 at 2:59 pm

              2012 was current sometime ago? I definitely missed that 🙁


              • Anil Gupta
                Anil Gupta 11 Mar, 19 at 2:59 pm

                Not sometime….some years ago :). Yes, it did get current once upon a time and has never been able to catch up till today!


  31. Karan Arora
    Karan Arora 14 Jan, 19 at 9:47 am

    Hi Anil,
    My PD is Feb 1,2011. I have both EB2 and EB2 I-140 from same employer. If in the future EB3 becomes current, do I need to do anything or just file I-485 with the EB3 I-140 ?
    Thank you and much appreciated.


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:04 am

      You are one lucky chap!
      You can simply file EB3 i485 as and when date gets current.


  32. Karthik
    Karthik 14 Jan, 19 at 9:47 am

    Hi Anil,

    I had Eb3 Jun 2011 PD but ported to Eb2 3 years back,. My question, do i still need to downgrade to Eb3 and apply for I140? when do you think my PD will be current.


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:04 am

      At this time, there is no need to downgrade. Jun 2011 will take at-least 3-4 years to get current.


  33. EB2Wait
    EB2Wait 27 Jun, 18 at 10:42 pm

    I don’t think EB2 India wait time will go beyond 15 years in near future.


    • Anil Gupta
      Anil Gupta 28 Jun, 18 at 6:11 am

      Hope for the best. But, today, it is more than 20 years already.


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