EB2 to EB3 India Downgrade – Feb 2020 Green Card

Indian EB2 vs EB3 green card priority date movement. Date of filing chart available for use in 2020. File i485, EB2 to EB3 downgrade with approved i140.

Written by Am22tech
  By Am22tech      Updated  2 Mar, 20

400        

EB2 to EB3 Downgrade India

EB2 final action date is ahead of EB3 in Feb 2020 visa bulletin by 4 months.

The Date of Filing chart has been made available by USCIS for use starting Oct 2019. The EB3 India is ahead of EB2 in DOF chart and hence you can file the downgrade.

Feb 2020Date of FilingFinal Action
EB1 India15 Mar 171 Jan 15
EB2 India1 Jul 0919 May 09
EB3 India1 Feb 108 Jan 09

You can get green card faster in the EB3 category is your EB3 PD date is current in EB3. This has happened with China in past and now with India.

EB2 to EB3 Downgrade Process

Your current employer with approved I-140 (from EB-2) with a priority date that is current in EB-3, can downgrade your case using the same EB2 PERM and file a new I140 with the EB3 category.

There is no need to file a new PERM for downgrading from EB2 to EB3. EB2 PERM can be used.

You can also file your I-485 application to adjust status concurrently with this new EB3 I-140.

EB2 to EB3 Downgrade with Same Employer

Assume that you have an approved EB2 i140 India with GC priority date as 25 Dec 2009 (i.e. before 1 Jan 2010). Since, date of filing chart is allowed to be used in Jan 2020 visa bulletin, your current employer can port your i140 to EB3 and file your i485 to get Green card faster.

It is certainly better than waiting for EB2 to get current which may take more than 4-5 years to even reach Dec 2009 date.

EB2 to EB3 Downgrade with Different Employer

Your NEW employer B, with approved EB2 I-140 from Employer A, with a priority date that is current in EB-3, can downgrade your case with a new EB3 PERM and file a new I140 with the EB3 category.

You can also file your I-485 application to adjust status concurrently with this new EB3 I-140.

EB3 Downgrade Premium Processing

You cannot file EB2 to EB3 downgrade I-140 in premium processing because the original PERM labor certificate won’t be filed with new EB3 i140.

USCIS already has the original EB2 PERM in your EB-2 I-140 file. USCIS does not allow premium processing when there is no original PERM approval attached to i140 application.

EB3 Downgrade premium exception:
If your i140 EB3 downgrade is filed at the time SAME service center that earlier approved i140 was filed, then your application is eligible for PREMIUM processing.

The premium processing time for EB3 i140 also does not start immediately. The USCIS will first find PERM and then confirm the premium processing time start date.

Your employer can attach a copy of the original EB2 PERM with a request that the original be fetched from the previous PERM file.

Downgrade EB3 i140 Processing Time

How Long Does it take to downgrade EB2 to EB3? The EB3 downgrade i140 approval processing is taking 6 months.

Check current current i140 processing time.

Upgraded EB3 to EB2, Downgrade to EB3 again?

If you had approved EB3 i140 earlier with employer A and then upgraded to EB2 with a new employer B.

Now, if the employer A still has the EB-3 position and has not withdrawn the approved I-140, you can file your I485 with supplement J signed by the EB-3 employer A without filing a new I-140 and convert to EB3.

Downgrade EB2 to EB3, Upgrade to EB2 later?

Your EB2-India priority date is 17 June 2010. Assuming, EB3 moves at faster rate than EB2 India, you downgrade from EB2 to EB3 and file i485 along with 140.

Now, in future EB2 India moves faster than EB3 India and you have approved 140 and EAD from EB3.

Yes, you CAN go back and use previously approved 140 (EB2) to file i485 to get GC faster if both EB2 i140 and EB3 i140 are valid.

Murthy.com has explained this concept of Interfiling or changing the underlying I140 for pending I485 application.

File EB2 to EB3 Downgrade for Future Priority dates?

It is possible that some of you want to downgrade your EB2 to EB3 even though your priority date is still not current in EB3 filing date chart.

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. It is not really required as you can file both EB3 i140 downgrade and i485 adjustment of status concurrently. You are not out of the game if EB3 becomes current for you.

So, don’t worry.

Indian EB2 vs EB3 – i485 Pending Applications

The GC availability in Indian EB3 seems to have better chance at this time when compared with Indian EB2 based on the July 2018 USCIS pending i485 data.

IndiaEB2EB3
200822741
200910,83151
2010 (Jan – Apr)4,677 (Jan-Apr)0
2011 – 201800

Compare almost 11k EB2 India already waiting for getting GC with EB3’s less than 100 numbers.

This clearly indicates that EB3 is going to take far long jump in the new 2018-19 USCIS GC priority date season as has been indicated by current trend.




Recent discussion on forum

  1. S_Kumar
    S_Kumar

    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.


  2. Andy99
    Andy99

    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.


  3. Anil.Gupta
    Anil.Gupta

    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.


  4. jitesh7746
    jitesh7746

    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?


  5. Anil.Gupta
    Anil.Gupta

    Hi @jitesh7746

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


Comments are closed. Ask question on Forum (we answer in 1-24 hour)

22 more replies

Comments are closed. Have a question? Ask in forum

  400 Useful Questions & Answers

  1. Waiting
    Waiting 6 Jan, 20 at 1:22 pm

    Hi Anil,

    My PD is May28 2009. In 2019 I downgraded from EB2i to EB3i, when EB3i final action dates were favorable compared to EB2i. Looking at the trends since then, it’s likely that Final action dates for EB2i will get there ahead of EB3i. After approval my eb3 i140 was interlinked to my i485, which has been pending since 2012 . Now I wish to change my employer and would like to understand the actions I must take to ensure i get my green card as soon as the date becomes current. The part that confuses me is that it seems I would need to interlink EB2 to my i485 again once the dates become current. It’s not clear as to how I can do this with a new employer. My roles and responsibilities as well as location remain the same with the new employer. Looking for some inputs. Thanks


    • Anil Gupta
      Anil Gupta 6 Jan, 20 at 1:22 pm

      Please read the scenarios mentioned above.


  2. Waiting
    Waiting 6 Jan, 20 at 1:22 pm

    EB3 downgrade


  3. Raul
    Raul 13 May, 19 at 11:40 am

    Hi Anil, MY PD was May2009 EB2. Recently applied and approved EB3 as well. Now my attorney is interfiling. Can you please explain step by step process after interfiling is submitted? I been told that there is no receipt.confirmation comes for interfiling step, and it is upto uscis to accept or not-accept interfile request. Are all these kind of downgrade request accepted? How many days usually it takes to know about it? Do we expect any other step before i485 approval happens? Is there any interview before? Bio-matric fingerprints were done long back in 2013 after applying i485.


    • Anil Gupta
      Anil Gupta 13 May, 19 at 4:25 pm

      Your attorney has given you right information. There is no fixed timeline for interfiling and USCIS takes the final decision.


  4. Gov
    Gov 10 May, 19 at 7:40 pm

    hi Anil
    My EB3 India priority date is Jan 2010. I was in EB2 and did EB3 downgrade & concurrently filed i485. My downgraded EB3 I140 was approved few weeks before. Today I saw my I485 transferred from Nebraska to NBC.
    My final action date is not yet current. Is there any chance that I would get i485 interview even my priority date is not current?


    • Anil Gupta
      Anil Gupta 10 May, 19 at 9:00 pm

      No, I don’t think you will get an interview call until your date is current.


  5. Bhaskar N
    Bhaskar N 7 May, 19 at 12:07 pm

    Hi Anil,

    My PERM was filed Nov 2011 under EB3 category. I had approved EB3 Labor and i140 earlier with employer A and then upgraded to EB2 with same employer A. Recently, Employer A changed name of the company. But, I am still working with same Employer with New company name. Is it good idea to downgrade now ?, What is the procedure to down grade again EB2 to EB3. Do I need to file again EB3 perm and I140. Please let me the process.


    • Anil Gupta
      Anil Gupta 7 May, 19 at 6:21 pm

      Please read the above article. It has answers.


      • Bhaskar N
        Bhaskar N 8 May, 19 at 5:21 am

        Thanks for your response Anil.


  6. GOV
    GOV 7 May, 19 at 12:13 am

    hi Anil
    Is there anyway to find how many i485 for EB3 india uptil April 2010 due to recent filing date opened?


    • Anil Gupta
      Anil Gupta 7 May, 19 at 5:40 am

      We can’t know anything until USCIS shares
      the data.


  7. Sujeet Kumar Singh
    Sujeet Kumar Singh 6 May, 19 at 1:04 pm

    Hi Anil,
    My PERM was filed Feb 2015 under EB3 category. I see
    that the current action date is of July 09. How long do you think it
    will take to move from Jul 09 to Feb 15?


  8. Rocky
    Rocky 3 May, 19 at 12:02 pm

    Hi Anil,

    Do you think it might take another year for the April 30th,2010 date to be eligible for applying EAD(change of status) i mean second bulletin. Also where can I find the GC spillovers stats for the current year?Do USCIS publish any where? Any reason why USCIS is not publishing the EAD Inventory?


    • Anil Gupta
      Anil Gupta 3 May, 19 at 12:21 pm

      I do not understand your question about April 2010 date. Which category are you talking about here?

      I am not aware of any data where spillovers are shard by USCIS.


      • Rocky
        Rocky 3 May, 19 at 12:48 pm

        When can we expect EB3 for PD April 30th,2010 to become current to file EAD?I’m not worried about GC as it might take another 3- 4 years but at least applying for EAD.


        • Anil Gupta
          Anil Gupta 3 May, 19 at 1:11 pm

          I do not think EB3 date of filing will be current until at-least Jan 2020.


  9. MedPhysTrader
    MedPhysTrader 30 Apr, 19 at 2:53 pm

    Hello Anil,
    Have you seen any success stories with EB2 EB3 downgrade premium processing at same center? I have 01 July 2009 PD and EB2 with a reputed hospital, who is willing to downgrade. My lawyer wants to amend the i140 rather than new i140. They said the premium processing without original PERM is not possible even if same processing center. So they are saying the downgrade and interfiling we are looking at about 8 to 10 months. I already had phone consultation with another lawyer regarding premium processing and he says its possible, but not guaranteed. I agree nothing is guaranteed with USCIS, but if the chances are low, I would rather stay put as i have EAD/AP. your thoughts ?


    • Anil Gupta
      Anil Gupta 30 Apr, 19 at 5:54 pm

      Premium is certainly not guaranteed and USCIS takes a decision if they will allow it or not.

      As per my estimate, you are still better off filing EB3 at this time than waiting for EB2 to move.
      This is my personal opinion. Use your best judgement.


      • MedPhysTrader
        MedPhysTrader 1 May, 19 at 7:28 am

        Hello Anil,
        Thank you for the prompt reply. Just a Quick followup Q. Once you downgrade, do v have to interfile or is the linking of pending Aos to newest i-140 automatic? My lawyer said we have to interfile once i-140 is approved. My PD in EB3 is current so want to act fast..


        • Anil Gupta
          Anil Gupta 1 May, 19 at 8:14 am

          Interfiling simply means replacing the EB2 i140 with EB3 i140 for your pending i485. Linking is not automatically done. You have to file for replacing or interfiling the EB3 i140 explicitly.


          • MedPhysTrader
            MedPhysTrader 10 May, 19 at 7:48 pm

            Hello Anil,
            Here is my update. FYI my AoS was filed in 2012, EB2 to EB3 amendment filed in premium processing, was very fortunate and got accepted and approved without original perm. Receipt date April 26 2019 and Approval date May 3rd 2019. I got the i140 approval notice today. It has the old priority date. My lawyer said that the interlinking was filed with the i140, now its just about waiting. Do we have to follow up with uscis or as my lawyer said, just wait. My EB3 dates are current.


            • Anil Gupta
              Anil Gupta 10 May, 19 at 9:00 pm

              Wow.. congratulations. You just wait for USCIS response.

              Its finally time for your green card after a long wait.


  10. anand
    anand 26 Apr, 19 at 2:29 pm

    Hello Anil,
    My PD is May 05 2009. EB3 with California based employer and in 2013 moved to NJ employer and did EB2. Now on EAD. My previous employer ok for me to Join them and EB3 i-140 not yet revoked. Only new mgt is there now. Would you kindly suggest if i should downgrade or wait. Appreciate your response.


    • Anil Gupta
      Anil Gupta 26 Apr, 19 at 5:20 pm

      It is your personal choice if you want to wait being so close or want to immediately jump to EB3.

      If i was in your position, i would grab the EB3 opportunity without waiting.


  11. Sameer Jagtap
    Sameer Jagtap 22 Apr, 19 at 11:58 am

    Hi Anil, my PD is May 9, 2009. I have a I485 pending – filed it many years ago when my date was current. I initiated the downgrade from EB2 to EB3 about a month ago. It’s currently in process – most likely USCIS will accept the request to expedite. Assuming it goes through and that since my date will be current under EB3, will USCIS adjudicate my case right away? Do I need to request for the adjudication separately?


    • Anil Gupta
      Anil Gupta 22 Apr, 19 at 12:37 pm

      Once your EB3 downgrade request is approved, you should be able to get your Green card if the date of final action is still current in EB3 chart.


  12. Nithun Reddy
    Nithun Reddy 26 Mar, 19 at 7:24 pm

    Hello, My PD is APR 2 2010 (Filed in EB2 India). I’m planning to downgrade from EB2 to EB3. (I already filed my I485 in APR 2012 when dated were moved).
    Is it good idea to downgrade now? I know EB3 Filing date is around APR 1 2010 (just missed by 1 day) and expect to move in OCT 2019 Visa Bulletin (Fingers Crossed). I have checked with one of law firm and they informed me that, even though i downgrade, i will still have my EB2 i140 & 1485 available.
    what do you suggest?


    • Anil Gupta
      Anil Gupta 26 Mar, 19 at 9:10 pm

      I have already shared my suggestions in above article. Please go through them.


  13. Manish Saini
    Manish Saini 19 Mar, 19 at 1:47 pm

    Hi Anil,

    Why there is no pending 485 inventory report after July 2018? Whereas it is supposed to be published every quarter?

    Any clue?


    • Anil Gupta
      Anil Gupta 19 Mar, 19 at 9:20 pm

      I have no idea. I think one report was published last week. I have to still check on it.


  14. Rocky
    Rocky 18 Mar, 19 at 10:35 am

    Hi Anil,

    My PD is April 30th,2010. When do you think that the filing date for EB3 will be moving beyond April 1st,2010 in EB3 to apply I485. Any insight? any chance of moving this year? Thanks for you help.


    • Anil Gupta
      Anil Gupta 18 Mar, 19 at 10:42 am

      I do not see April 30, 2010 getting current for EB3 in current fiscal year ending Sep 2019.


      • Mamta
        Mamta 18 Mar, 19 at 10:53 am

        HI Anil
        I missed the boat last Jan to file i485. My priority date is Jan 2010. I did not file it as my approval from HR came only on Feb for downgrade process. so I missed the boat. What is the chance that Sep 2019 USCIS would open the Filing date again. Looks like only last year they opened it very first time. They did not open it 2016 and 2017 fiscal year.


        • Anil Gupta
          Anil Gupta 18 Mar, 19 at 11:04 am

          I think the “Date of Filing” chart will not open again at-least in this fiscal year till Sep 2019.


      • rocky
        rocky 18 Mar, 19 at 10:53 am

        Thanks for your response Anil. Any changes for 2020 FY?


        • Anil Gupta
          Anil Gupta 18 Mar, 19 at 11:04 am

          That will be known only when we reach fiscal year 2020 and we are able to see the trend at that time.


  15. Arabinda Pani
    Arabinda Pani 15 Mar, 19 at 5:15 pm

    Hi Anil,

    Here is my situation. My PD is Nov 2009. I have an approved EB3 and EB2 (was upgraded after promotion) I140 from employer A. I am with employer B since last 4 years and have an approved EB2 I140. If my PD becomes current under EB3, do I still need to file a new I140 with the EB3 category? I asked this question to my attorney and he said yes. I was hoping I will be able to use my approved I140 EB3 from employer A with supplement J as you mentioned above.
    Both employer A and B are well known MNCs. So I doubt employer A would have pulled my approved I140. Can you please advise?

    Thanks.


    • Anil Gupta
      Anil Gupta 15 Mar, 19 at 7:51 pm

      Filing the i485 with supplement J works if you plan to go back and join Employer A. This supplement J and EB3 i485 should be filed by Employer A and not B.


      • Arabinda Pani
        Arabinda Pani 16 Mar, 19 at 5:00 pm

        Thank you so much for the clarification Anil!


  16. Jack Web
    Jack Web 15 Mar, 19 at 12:05 pm

    Hello Anil,

    My EB2-India priority date is 17 June 2010. It seems EB3 is going to move at faster rate than EB2 India. I am still with same employer who filled my original labor and I140 in EB2I.

    Is it possible to file I140 in EB3 (To downgrade) even if my priority date is not current?

    I really appreciate your help.

    Thanks


    • Anil Gupta
      Anil Gupta 15 Mar, 19 at 7:44 pm

      You can file the downgrade from EB2 to EB3 even when your PD date is not current. You will only be able to file EB3 i140 and not i485.


      • Arabinda P
        Arabinda P 15 Mar, 19 at 11:37 pm

        Thank you so much for the clarification Anil!


  17. sri
    sri 14 Mar, 19 at 11:59 pm

    Anil do you know for sure if we have to go through the interview process if we move the case from EB2 to EB3 with already filed 485 in EB2 ( filed in 2012). I was under the impression that it will be just a straight forward request to consider the case in EB3 and shouldn’t not involve Interview ??.


    • Anil Gupta
      Anil Gupta 15 Mar, 19 at 6:13 am

      As per my information, 485 interview is now mandatory for all employment based Green cards.


  18. Vijay P
    Vijay P 14 Mar, 19 at 2:18 pm

    Hi Anil, My PD is Jun 29, 2009 (EB2 category). I already have my EAD from 2012 / pending I-485. I am with the original employer who sponsored by GC. Reading your earlier responses to others, am I right in assuming that EB2 to EB3 downgrade is a good option for me – given that interfiling can be used to protect against EB2 advancing faster / EB3 retrogressing scenario? I.e., Does the downgrade allow for 2 different I-140 petitions be available for my I-485 to be linked to, therefore improving my chance to expedite GC approval? Or, is this creating unnecessary risks of any kind?


    • Anil Gupta
      Anil Gupta 14 Mar, 19 at 6:41 pm

      I suggest to wait for your EB2 date to get current in EB3 final action and then file both EB3 i140 and i485 concurrently.
      You can do interfiling too later if EB2 moves faster than EB3 but as per my estimate, you should be able to get your date current in next 1-2 months.


      • Vijay P
        Vijay P 15 Mar, 19 at 8:54 am

        Thanks Anil. I forgot to mention that in my case, I have made a natural progression to IT Development Manager role (my original PERM was for IT Developer). Will this complicate my ability to downgrade?


        • Chiran
          Chiran 15 Mar, 19 at 3:06 pm

          current Role does not matter. As per the rule, company having a job which has developer role and for that you have applied it and waiting for green card. After getting it you will be working for that role.

          Simple example : You might have a diaper role when you joined with the company 15 years before. Now you are grown up man. But still USCIS wants to see you in diaper role after 15 years once you get green card. In reality , no one going to work on Diaper role again until you are Benjamin.


        • Anil Gupta
          Anil Gupta 15 Mar, 19 at 7:31 pm

          As long as your employer can prove that they still have the same job with same job profile that they filed your i140 for, they can downgrade.
          You will also be required to work in that role after filing i485 and employer should be able to prove it on paper.


        • Anil Yedlapalli
          Anil Yedlapalli 17 Mar, 19 at 6:28 am

          Hi Vijay, I am in same boat as you. Please post the outcome of downgrade., My PD Jan 2010, so it helps too. Thanks!


  19. Satinder Singh
    Satinder Singh 12 Mar, 19 at 9:04 am

    Hi Anil, How should I contact you to seek your professional advice? Please reply.


    • Anil Gupta
      Anil Gupta 12 Mar, 19 at 12:32 pm

      You can contact us by using this contact form.


  20. Kalam
    Kalam 9 Mar, 19 at 12:21 pm

    hi Anil
    My i485 is pending EB3 india Oct 2009. My I140 approved. My company bought by another company and my company name is anymore.
    For my case , do I need to amendment my I140 that is already approved. Also my i485 is pending. Do I really need to amend my I140 to new company?


  21. Shan
    Shan 8 Mar, 19 at 6:30 pm

    Hi Anil,
    My H1b max out date is 3/10/2019 and my extension got
    filed inlast week of January this year based on I-140 Approval. I would like to to know shall i continue work for 240 days until i get visa approval? is 240 days rule applicable for H1b max out category as well? Kindly help me understand this rule. Appreciate your time and help!


    • Anil Gupta
      Anil Gupta 8 Mar, 19 at 8:20 pm

      Your question is out of scope of this article. Hence, we have added it to out forum and answered there too.

      You can ask follow question on forum itself. We answer within 1-24 hours.


  22. Shan
    Shan 8 Mar, 19 at 6:30 pm

    Hi Anil,
    My H1b max out date is 3/10/2019 and my extension got
    filed inlast week of January this year based on I-140 Approval. I would like to to know shall i continue work for 240 days until i get visa approval? is 240 days rule applicable for H1b max out category as well? Kindly help me understand this rule. Appreciate your time and help!


  23. Hiren Patel
    Hiren Patel 1 Mar, 19 at 3:30 pm

    Hi Anil , here is my case.

    With Employer A , filed on EB-3 I and priority date 11/19/2009 , got approved I-140
    With Employer A file porting from EB-3 I to EB-2 I. got approved i-140
    Now changed employer to B , filed I-140 EB2-I and got approved with PD 11/19/2009.

    I filed for AOS last month on 01/24/2019 as pd has became current for India EB-3 filing date, after a waiting it for so long. but USCIS rejected the application stating that Could not establish the pd as current. Any thought on this . the application was enclosed with I-485 J .

    I am exactly in to the same scenario you just mentioned .
    Upgraded EB3 to EB2, Now Downgrade to EB3 again?
    You are LUCKY!

    If you had approved EB3 i140 earlier with employer A and then upgraded to EB2 with a new employer B. Now, if the employer A still has the EB-3 position and has not withdrawn the approved I-140, you can file your I485 with supplement J signed by the EB-3 employer A without filing a new I-140 and convert to EB3.


    • Anil Gupta
      Anil Gupta 1 Mar, 19 at 6:22 pm

      I think the rejection reason is due to the fact the “Date of Filing” chart is not available for use now. It is closed starting feb 2019 visa bulettin.

      Did you check with your attorney on what else has been written in the denial letter?


      • Hiren Patel
        Hiren Patel 6 Mar, 19 at 12:04 pm

        I filed in the month of Jan 2019 , according to VB , they were considering filing date chart in order to file AOS. but I got 485 J signed by the current employer B , not employer A who holds approved i140 in eb3.

        Do you think that might be the reason ?


        • Anil Gupta
          Anil Gupta 6 Mar, 19 at 12:24 pm

          I can only speculate. It is better that you ask your employer for the rejection reason. USCIS will send an official letter.


        • Naran
          Naran 6 Mar, 19 at 3:05 pm

          hi Hiren Patel,
          You got the EB2 and EB3 i140 with Employer A. You moved to employer B and got EB2 I140.
          Last month you tried to file via Employer B and you tried to use Employer A’s EB3 I140 & signed by Employer B for i-485J?
          If yes, then it wont be accepted. You have to downgrade it to EB3 I140 with employer B and do concurrent filing.


  24. Indi Pen Dent
    Indi Pen Dent 26 Feb, 19 at 2:20 pm

    Don’t you think downgrading could also mean too many on EB3 and eventually both Eb3 and EB2 will be delayed. When people applied for EB2 or upgraded from EB3 they changed lanes because one was shorter. Atypical of the Indians to do so.


    • Anil Gupta
      Anil Gupta 26 Feb, 19 at 2:37 pm

      Off-course the downgrade or upgrade will happen.

      Its not about Indians, its human nature to change over to fast moving lanes. If you were in the same car as any Indian is with 10+ year of waiting, you would have also jumped the lanes in anticipation of getting relief earlier.

      Be considerate while commenting and understand the situation before simply pointing at some specific community.


  25. Anil Yedlapalli
    Anil Yedlapalli 25 Feb, 19 at 9:20 pm

    Thanks for the valuable post Anil,
    My Priority date is 20 JAN 2010 – EB2 India and i had EAD card 8 years back. I am with new employer now.
    With the flip flops and the race between EB2 and EB3 (upgrades and downgrades), do you suggest i downgrade to EB3 and apply I485 concurrently? How long whole process takes to get i485?
    I don’t want to wait country cap bill to pass even this time. Whats your thoughts and insight?


    • Anil Yedlapalli
      Anil Yedlapalli 25 Feb, 19 at 9:43 pm

      I was bit hesitant to ask my new employer B in Jan 2019, atleast i hope its not late to ask now? What you say? i hope it takes 10 months processing time.


      • Anil Gupta
        Anil Gupta 25 Feb, 19 at 9:55 pm

        I still suggest to wait for your Final action date to get current in either EB2 or EB3 and then file your EB3 i140 and i485 concurrently.

        This lane changing will continue now between EB2 and EB3 and hence the dates will keep fluctuating.

        Country cap removal bill is talk of the town every time it is introduced but has not seen light of day since 2011. So, hope are there but not that high.


        • Anil Yedlapalli
          Anil Yedlapalli 25 Feb, 19 at 10:05 pm

          Thank you for taking time to respond, much appreciated.
          Per above article, i need to file EB3 perm with new employer ..correct? If so, should i file PERM, i140 & i485 together when final action date is current? can you help the steps? so, i explain my HR and we all meet attorney in coming weeks..thanks much


          • Anil Gupta
            Anil Gupta 25 Feb, 19 at 10:19 pm

            You can use EB2 PERM to file EB3 i140 and i485 when your date is current.


  26. kumal
    kumal 24 Feb, 19 at 4:54 pm

    Hello Anil
    My priority date is Feb 2010 EB2 India. I did EB3 downgrade based on EB3 filing date and applied I485 concurrently.

    Does my I485 will be on hold until Final action date reaches Feb 2010?
    OR Will USCIS would approve i485 without waiting for Final action date and once final action date current, then I would get green card directly?


    • Anil Gupta
      Anil Gupta 24 Feb, 19 at 8:21 pm

      Your i485 will on waiting list until the Final action date is current and remains current till your i485 is approved.


  27. Niraj
    Niraj 24 Feb, 19 at 4:22 pm

    HI Anil
    My eb2 India date was current this month and I filed i485 last week.

    When will I see my green card? is it another 20 month waiting time again after I1485 filed?


  28. Sunil Kumar
    Sunil Kumar 21 Feb, 19 at 8:13 pm

    Hi,
    My wife is currently on H4 EAD. She converted to H4 EAD last year since her H1 extension got rejected. She has an approved I-140 with EB2 priority date of Feb 2010.
    What are her options? Can she join any employer and can they file Eb2 to Eb3 downgrade without doing a H1 transfer?

    Looking for options to convert to GC EAD instead of H4 EAD.


    • Anil Gupta
      Anil Gupta 21 Feb, 19 at 9:49 pm

      A valid job offer is needed to gile EB2 to EB3 downgrade to support i140 application. Legally, H1B is not a requirement as such.
      So, a new employer may be able to file the downgrade as and when the date gets current for your wife.


      • Sunil Kumar
        Sunil Kumar 21 Feb, 19 at 9:49 pm

        Thanks for the reply !!! If she gets a job offer now can’t they file the Eb2 to Eb3 downgrade immediately since the advanced filing dates (EAD) for EB3 is Apr 2010?


        • Anil Gupta
          Anil Gupta 21 Feb, 19 at 9:50 pm

          The ‘Date of filing’ chart is NOT available for use starting feb 2019 visa bulletin. So, there is no use of filing EB3 downgrade now.

          Wait for the ‘Final action’ date to get current or wait for USCIS to re-open the use of ‘Date of Filing’ chart.


  29. Manish Saini
    Manish Saini 21 Feb, 19 at 3:08 pm

    My EB3 India PD is 24-Aug-2010 and then I upgraded to EB2 keeping the same PD from same employer. My daughter who is 16 is on dependent H4. I assume after 21 years she will be out from my current GC process and there will be no future for her here in US. Do you think that myself and my has any chance to get green card in next 5 years? Or should I start looking to change future plans for myself and family.


    • Anil Gupta
      Anil Gupta 21 Feb, 19 at 3:38 pm

      As per my estimation, there is no chance of getting Green card for your PD of 24 Aug 2010 in at-least next 3 years unless the ‘country based GC limit removal‘ law is implemented.
      Remember, it is my personal estimation based on publicly available data.

      I can understand your situation and it is dis-heartening.

      I suggest to look for Australia or Canada as a viable option and as a back up plan.


      • Manish Saini
        Manish Saini 21 Feb, 19 at 4:10 pm

        Thanks Anil. So I have both EB2 and EB3 I140 approved from my current employer with PD 24-Aug-2010. Taking into account recent fast movement in EB3 India, still you estimate that I would not be able to file 485 using either in Eb2 or EB3 in next 3 years? Let’s assume, if I will be able to file 485 after 3 years, do you think next 2 year after 3 years will be enough to get green card?. I don’t know much about 21 year age rule for dependents as I have talked to any attorney about that yet. Do dependents need to get GC in hand before they turn 21 or just having a 485 case pending will keep them in green card process even after dependents are past 21 year age. Your response much appreciated!


        • Anil Gupta
          Anil Gupta 21 Feb, 19 at 4:24 pm

          I will check the kid’s 21 year age rule and then reply.

          The fast EB3 movement is happening because all EB2s jumped to EB3. Now the reverse jumping is taking place. So, there is no reliable data on when the dates will move ahead.


          • Manish Saini
            Manish Saini 21 Feb, 19 at 4:51 pm

            Following link I would like to share that I read on Murthy.com in december last year.
            https://www.murthy.com/2018/11/28/december-2018-visa-bulletin-check-in-distressing-long-term-prediction-for-eb2-india/

            A paragraph from the above link i am pasting below. After reading the following I had little hope may be Mr. O is telling some truth. That in next 5 years all Eb2 India cases whose PD is earlier that 2011 will be processed.

            While attending a recent conference, Mr. Oppenheim also provided a more long-term prediction for the EB2 India category. Based on the number of pending I-485s in this category, he expects it to take about five years to process all of the EB2 India cases with priority dates that are earlier than January 2011. Therefore, regardless of how quickly the EB2 India category advances in the short-term, it appears that Indians with priority dates of January 2011 and later have quite a wait ahead of them.


            • Anil Gupta
              Anil Gupta 21 Feb, 19 at 9:59 pm

              As i said, it is just my own estimation. Everyone can estimate a different date.
              It is up-to you to take a decision based on your best judgement.

              Thanks for sharing the details and link though.


              • Manish Saini
                Manish Saini 22 Feb, 19 at 1:08 pm

                Yes Anil I agree what you say that everybody estimation can be different. But if Mr. O is giving next 5 year estimation then it must have been supported by some fact figures that he know. Let’s keep aside Mr. O remarks. Even if Eb2 downgrades to Eb3 or vice-versa, there must be some combined inventory of pending Eb2 and EB3 cases and many cases out of that would be duplicate just like me. Based on that combined pending cases and spill over of visa on Eb3 and EB2 (that cannot be predicted) can you do some guess estimation? Or that is too complex to do? thanks


                • Anil Gupta
                  Anil Gupta 22 Feb, 19 at 5:27 pm

                  I have given my estimation based on the data I saw and you are talking about i.e. EB2+EB3 pending application.
                  I have shared a bit of EB2 analysis here too based on CATO institute’s findings.


  30. anshul pandey
    anshul pandey 19 Feb, 19 at 10:22 pm

    My eb2 priority date is may 22 ,2009, and have
    been offered to downgrade from eb2 to eb3..given that I am close to PD being current ( hypothetically as you never know), shall I downgrade ? Lawyers told me if e 2 moves faster they can switch me back…my concern is eb3 i140 takes 6 months to get approved? Should i take chance or stay put in eb2 hoping much of the eb3 folks will.go back to original category causing it to retrogess again ?


    • Anil Gupta
      Anil Gupta 19 Feb, 19 at 10:37 pm

      You should file the EB2 to EB3 downgrade as per my opinion. If EB2 moves ahead or EB3 retrogresses, your attorney can change the underlying i140 for pending i485.
      This is called interfiling and can be done.


  31. vijayprakash varadarajan
    vijayprakash varadarajan 19 Feb, 19 at 5:28 pm

    Thanks for the valuable post. I have a priority date of july 2nd 2009 under EB2 and have downgraded to EB3. What are the chances of EB3 retrogressing because of downgrades? Also, if eb2 becomes current i can use the approved 140 of eb2 but my attorney is saying that if downgraded they aren’t encouraging lots of flip flopping as the chances of denial is higher due to flip flopping. Sorry for loaded questions.


    • Anil Gupta
      Anil Gupta 19 Feb, 19 at 6:15 pm

      Ideally, you should have waited for your EB2 date to get current in EB3 final action date.
      The flip flops and the race between EB2 and EB3 dates will continue due to people downgrading and upgrading.

      You can still expect a bit of waiting to file your i485 with July 2 as PD. I think you may be able to file it by end of Sep 2019 if you get lucky.


  32. Rajesh
    Rajesh 19 Feb, 19 at 2:58 pm

    Im on EB1B with March 2018 PD. When do you think I can expect to file I485 ?


    • Anil Gupta
      Anil Gupta 19 Feb, 19 at 6:09 pm

      I think your PD date will get current in Oct 2019 EB1 India visa bulletin and then you can file your i485 Adjustment of status application.


  33. murgan alagu
    murgan alagu 18 Feb, 19 at 5:35 pm

    hi Anil,
    Does USCIS approves the I485 based on filing date without giving green card?
    OR i485 decision will be considered only after final action date?


    • Anil Gupta
      Anil Gupta 18 Feb, 19 at 7:34 pm

      i485 decision will be considered only when your final action date is current.


  34. gphone
    gphone 18 Feb, 19 at 1:21 pm

    Dec 29-2009 – Priority date ; EB2 ; I-485 Pending – Employer ready to downgrade but under the condition that if EB3 is backlogged in future they will not upgrade to EB2 ;
    Seeking suggestions on EB3 downgrade. Any educated guess on getting green card this year if downgraded to EB3?


    • Anil Gupta
      Anil Gupta 18 Feb, 19 at 7:34 pm

      My suggestion is to wait for your PD to actually get current in EB3 India Final action chart before filing for EB2 to EB3 downgrade.


  35. Narendra Pinnaka
    Narendra Pinnaka 17 Feb, 19 at 7:01 am

    its like struck in traffics if all moves from one lane to other… you may go no where…


    • Anil Gupta
      Anil Gupta 17 Feb, 19 at 12:10 pm

      Haha..correct explanation!


  36. murgan alagu
    murgan alagu 15 Feb, 19 at 3:50 pm

    hi
    As per visa bulletin today less movement in EB3 and EB2 India for final action date.
    Does we ever see EB3 filing date again in few years back to Apr 2010?
    OR USCIS would move final action date slowly uptil Apr 2010 then they will open the filing date again after 2 or 3 years?

    Thanks for helping immigration community with this site


    • Anil Gupta
      Anil Gupta 15 Feb, 19 at 4:02 pm

      I do not see EB3 filing date moving to April 2010 again in next 1 year.


      • murgan alagu
        murgan alagu 15 Feb, 19 at 4:49 pm

        My priority date is Jan 2010. I moved to new employer last year and my PERM in EB3 is pending with new employer.
        Just wondering is there any chance Filing date would be open again on Oct 2019 or not? so at least i can file for I485.


        • Anil Gupta
          Anil Gupta 15 Feb, 19 at 4:50 pm

          Why didn’t you file i485 while the Jan 2010 was current earlier?


          • murgan alagu
            murgan alagu 15 Feb, 19 at 5:13 pm

            My initial I140 was in EB3. Old employer applied again in EB2 on 2014.


            • Anil Gupta
              Anil Gupta 15 Feb, 19 at 8:15 pm

              That’s the same thing you are asking to do now? Isn’t it.
              You could have filed EB2 to EB3 downgrade when the EB3 date was current in Jan 2019.


              • murgan alagu
                murgan alagu 15 Feb, 19 at 11:57 pm

                Anil,its my 3ard employer joined last year. Just perm applied.


  37. disqus_808wXjUvIE
    disqus_808wXjUvIE 15 Feb, 19 at 12:53 pm

    Hi Anil,

    I have pending I485 in EB2 with priority date of 05/19/2009. It was originally filed in EB3 and later I upgraded to EB2 (same Service Center)

    Company A – I140 EB3 approved with PD of 5/19/2009
    Company B acquired Company A – Upgraded my case to EB2; I140 EB2 approved with PD of 5/19/2009; Also pending I-485 with I140 EB2 attached. Got my EAD and AP as well
    Company C (I joined 2 years back) – Filed AC21. Renewed my EAD, AP

    As per the March 2019 Visa Bulletin, my priority date has become current for EB3 India. Since I have approved I140 EB3 (company A) & pending I485, can I request USCIS to now re-link I140 EB3 with my pending I 485 ? If yes, whats the process and usually how much time it takes ?

    Thanks.


    • Anil Gupta
      Anil Gupta 15 Feb, 19 at 1:40 pm

      You can apply for changing your current pending EB2 i485’s underlying i140 with EB3 i140.
      Talk to your attorney and they can do it easily. This process is normally called ‘Interfiling’.


      • disqus_808wXjUvIE
        disqus_808wXjUvIE 15 Feb, 19 at 2:44 pm

        Thanks Anil for your prompt response. Do you know how much time USCIS usually takes on processing this type of request ?

        I just discuss with my company’s attorney and they said that this interfiling request is sent to an email address and USCIS does not send any confirmation that the request has been accepted. It’s only once USCIS adjudicates then I would be able to determine the request was accepted and processed.

        Do you see any risk in doing so ? I am assuming this path will help in getting GC faster as oppose to waiting for EB2 India to get current.

        Thanks again for your help..


        • Anil Gupta
          Anil Gupta 15 Feb, 19 at 4:02 pm

          This is the fastest route for your case to get Green card before any retrogression happens. You never know what can happen.
          File as early as possible while the window is still open.

          My suggestion is to not wait for EB2 to get current.


          • murgan alagu
            murgan alagu 15 Feb, 19 at 5:21 pm

            hi Anil,
            question related to interfiling in this thread. Looks like he already in AC21 (in EB2 I140) with employer C. He dont have any I140 with Company C. Now can he use his old I140 that was from Employer A to interfile? Does employer needs to do it or application can just use it as he has it already. How that legally works


            • Anil Gupta
              Anil Gupta 15 Feb, 19 at 8:16 pm

              I140 has to be from an employer who is currently offering you the job.


              • disqus_808wXjUvIE
                disqus_808wXjUvIE 19 Feb, 19 at 3:56 pm

                Hi Anil,
                I had EB3 140 from previous company (Company A); so does this means I cannot request for interfiling ?
                My current company (company C) has AC21, but EB3 I140 was filed by the Company A and EB2 I140 was filed by the Company B.
                Please let me know
                Thanks


                • Anil Gupta
                  Anil Gupta 19 Feb, 19 at 6:52 pm

                  If you had approved EB3 i140 earlier with employer A and then upgraded to EB2 with a new employer B. Now, if the employer A still has the EB-3 position and has not withdrawn the approved I-140, you can file your I485 with supplement J signed by the EB-3 employer A without filing a new I-140 and convert to EB3.

                  For interfiling, your current employer should get your EB3 i140 approved too.


  38. msandy
    msandy 14 Feb, 19 at 1:10 am

    Thank you Anil for precise details about all possible cases. I fall under same employer EB2 – EB3 downgrade. My case has been file with I-140 in EB3 and I-485 concurrently. Application is submitted with same service center so as per exception-rule you mentioned for premium processing, my case is eligible. At the time of submitting I-140 EB3 and I-485, attorney mentioned that we will wait for receipt and then submit premium processing application instead of premium processing at the time of filing I-140 in EB3 last month. Was it necessary to wait for receipt? If yes, how long to wait before moving I-140 premium processing?


    • Anil Gupta
      Anil Gupta 14 Feb, 19 at 8:28 am

      I don’t know why your attorney decided to file premium upgrade later. You should ask him.

      May be, he wants to play safe.
      Even if you file for premium at start, USCIS still takes time to evaluate the premium eligibility and verifies your PERM in their system.

      So, either way, it would have taken more than 15 days in this scenario.


  39. Krishna
    Krishna 9 Feb, 19 at 10:27 am

    Hi Anil,

    Quick question on my case..

    Employer A: EB3 : 05 Nov 2011
    Employer B: Ported to EB2 : 05 Nov 2011 (I140 Yet to be approved)
    Employer C : Moving to Employer C in the month of May 2019 and they will be filing in EB2

    Employer A is currently is no longer in the Business. If incase my date becomes current , what are the options available for me to use my existing approved I140 EB3 category to downgrade and file I140 + i485?

    Thank you and appreciate your help.

    Thanks
    Krish


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 2:09 pm

      You will have to file EB3 i140+i485 concurrently using EB2 approved PERM from employer C.


      • Krishna
        Krishna 12 Feb, 19 at 4:25 pm

        Thank you for your prompt Response Anil.

        Are there any legal restrictions with big firms or companies, as they apply Labor, Prevailing wage and I140 already for a EB2 position?

        Thanks
        Krish


  40. Krishna
    Krishna 9 Feb, 19 at 10:27 am

    Thank you for your prompt Response Anil.

    Are there any legal restrictions with big firms or companies, as they apply Labor, Prevailing wage and I140 already for a EB2 position?

    Thanks
    Krish


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 2:09 pm

      I am not sure what restriction you are talking about.
      Please share more details.


      • Krishna
        Krishna 9 Feb, 19 at 2:09 pm

        Hi Anil,

        When I asked Employer C attorney, whether they can downgrade from EB2 to EB3 they said they cannot do it.. may be thats a wrong question from my side . Based on your confirmation I understand that as I already have an EB3-I140 so I am eligible to apply for I140 – I485 as soon as the date becomes current.

        One last question Will I need any documentation from my Employer A at the time of applying I140-I485? I already have a copy of my I140, I hope that is all I need. Please confirm.

        Thank you once again and appreciate your help.

        Thanks
        Krish


        • Anil Gupta
          Anil Gupta 10 Feb, 19 at 12:25 pm

          I think you have mis-understood it.
          Your approved EB3 i140 can be used to file i485 with employer A only.

          If you want to file Green card while working with Employer C, C has to file for EB2 to EB3 downgrade (i140 + i485) by using approved EB2 PERM.


          • Krishna
            Krishna 11 Feb, 19 at 8:04 am

            Hi Anil,

            Got it, In order to transfer and file GC with approved EB3 i140 with Employer A , I need to go back or transfer my H1 to Employer A?

            In terms of time lines how much difference will it be, to take advantage of going back to Employer A to file GC under EB3 category vs applying a downgrade (i140 + i485) with the existing employer?

            Thanks
            Rama


            • Anil Gupta
              Anil Gupta 11 Feb, 19 at 8:04 am

              The i485 needs a legitimate job offer as promised in i140. So, you may have to join employer A to file EB i485 straight-away.

              In case of EB2 to EB3 downgrade will consume time in i140 processing as new EB3 i140 needs to be approved even though you can file i140+i485 together.


              • Krishna
                Krishna 11 Feb, 19 at 8:10 am

                Thank you Anil.. appreciate your help and prompt responses.


  41. Pratik
    Pratik 9 Feb, 19 at 10:04 am

    Hi Amit,
    Thank you for helping out folks here. Your articles are very good.

    Employer A : EB3 with PD : 09/09/09
    Employer A : EB2 with PD : 09/09/09
    Job Change
    Employer B : EB2 with PD : 09/09/09 Filed in 2014.

    Now my questions are from the perspective of filing from my current employer B only.

    1. Should I downgrade to EB3? or Should I wait in EB2?
    2. Do I need to file new PERM for EB3? I applied in 2014, I heard that PERM has some expiry dates.
    3. If I downgrade to EB3 and file I-485 and EB2 becomes current, then Can I still eligible for to file under EB2?
    4. Similar to question 3 but does downgrading to EB3 impact my EB2 application?

    Kindly share recommendation..


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:11 am

      I don’t think you should downgrade at this time.
      New PERM is not required.
      You can change the underlying i140 for pending i485 but it’s a bit complicated.

      Downgrading does not affect the other category.


      • Pratik
        Pratik 12 Feb, 19 at 4:24 pm

        Thank you Amit,

        are you saying EB2 dates will be moving to sept 2009 soon? If you can let me know reason I should i not downgrade that would be great.
        I need to tell my employer tomorrow about my decision.

        Even if I start the process in Feb, mostly my company will take 1-2 month for processing. So I am anticipating filing in April for 140/485 for EB3.


      • Pratik
        Pratik 12 Feb, 19 at 4:24 pm

        Thank you Amit,

        are you saying EB2 dates will be moving to sept 2009 soon? If you can let me know reason I should i not downgrade that would be great.
        I need to tell my employer tomorrow about my decision.

        Even if I start the process in Feb, mostly my company will take 1-2 month for processing. So I am anticipating filing in April for 140/485 for EB3.


      • Pratik
        Pratik 12 Feb, 19 at 6:42 pm

        Thank you Amit,

        are you saying EB2 dates will be moving to sept 2009 soon? If you can let me know reason I should i not downgrade that would be great.
        I need to tell my employer tomorrow about my decision.

        Even if I start the process in Feb, mostly my company will take 1-2 month for processing. So I am anticipating filing in April for 140/485 for EB3.


      • Pratik
        Pratik 12 Feb, 19 at 7:56 pm

        Thank you Amit,

        are you saying EB2 dates will be moving to sept 2009 soon? If you can let me know reason I should i not downgrade that would be great.
        I need to tell my employer tomorrow about my decision.

        Even if I start the process in Feb, mostly my company will take 1-2 month for processing. So I am anticipating filing in April for 140/485 for EB3.


      • Pratik
        Pratik 12 Feb, 19 at 7:56 pm

        Thank you Amit,

        are you saying EB2 dates will be moving to sept 2009 soon? If you can let me know reason I should i not downgrade that would be great.
        I need to tell my employer tomorrow about my decision.

        Even if I start the process in Feb, mostly my company will take 1-2 month for processing. So I am anticipating filing in April for 140/485 for EB3.


      • Pratik
        Pratik 12 Feb, 19 at 7:56 pm

        Thank you Amit,

        are you saying EB2 dates will be moving to sept 2009 soon? If you can let me know reason I should i not downgrade that would be great.
        I need to tell my employer tomorrow about my decision.

        Even if I start the process in Feb, mostly my company will take 1-2 month for processing. So I am anticipating filing in April for 140/485 for EB3.


  42. Kumar
    Kumar 9 Feb, 19 at 10:01 am

    Hi Amit, First of all thanks for doing this work..it surely helps answer lot of Qs for all of us.

    My case is below:
    EmployerA(previous) : EB3 with priority date of Feb18th 2011.
    EmployerB(previous): EB2 with priority date of Feb18th 2011.
    EmployerC(current): EB2 with priority date of Feb18th 2011

    Q:
    1. Do you see EB3 dates to move further in coming months?
    2. Should I ask for EB2 to EB3 downgrade with my current employer (A full time job)
    3. Should I consider reaching out to my EmployerA for filing?

    Please share your recommendations.


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:11 am

      The chances of EB3 moving ahead in current fiscal year are low.
      USCIS has already given a good amount of leeway by opening dates till April 2010. I think it will now take about 3-4 years to come back to same date.

      I don’t think you should downgrade at this time.
      You can consider employer A if the EB3 ‘Final Action’ becomes current for you. I do not see it happening in next 4 years.


      • kokulan
        kokulan 9 Feb, 19 at 10:42 am

        hi Anil
        Could you please clarify about “it would take 3 to 4 years to comeback”? for which year you are referring for filing date to be opened again in Sep 2019?


        • Anil Gupta
          Anil Gupta 10 Feb, 19 at 12:26 pm

          What I mean is that EB3 April 2010 date will get current again sometime in 3 to 4 years.


          • kokulan
            kokulan 11 Feb, 19 at 8:12 am

            wow. It means that filing date would be never opened back to Apr 2010 again for next 3 to 4 years and only final action date would move towards Apr 2010. is that correct?


            • Anil Gupta
              Anil Gupta 11 Feb, 19 at 1:50 pm

              I don’t think ‘Final Action’ will reach April 2010 in next 3-4 years either.


              • Sai Anam
                Sai Anam 12 Feb, 19 at 12:29 pm

                Even if we get Spill overs from EB3-Row? In 2018 EB3 had around 6000. Do you think even with 6k-7K spillover does not make ‘Final Action’ to reach April 2010?


                • Anil Gupta
                  Anil Gupta 12 Feb, 19 at 3:51 pm

                  If if you get spillover of 6K each year, the total that get assigned to Indian and china might be around 10k (assumption). That would still not help the movement of PD as the PERM filing has been in 40k+ per year since 2009.

                  Assuming around 60% of those PERM were filed by Indian and Chinese, the PD movement date will still take a lot of time.


                  • kokulan
                    kokulan 12 Feb, 19 at 8:16 pm

                    Just my guess. Whoever never filed i485 during 2012, might now downgrade to EB3 IN last 3 month to utilize filing date. It means only under 500 applications are now in EB3. EB3 final action date would reach Apr 2010 before June 2019.

                    Whoever in EAD in EB2 uptil May 2010, if they already moved to different employer then there is no chance for them to downgrade as it would take 2 years to apply new PERM/I140 EB3. Whoever with the same employer who filed EB2, then they have a chance to apply EB3 downgrade. As they already have EAD, they would first file EB3 downgrade. That would take 6 to 8 month to get the approval then they can do interfile.

                    so EB3 India final action date would reach Apr 2010 easily in next 3 month.


                    • Anil Gupta
                      Anil Gupta 12 Feb, 19 at 8:20 pm

                      I hope your analysis come true. It will certainly be good news for the community.


  43. Anand Ravvarapu
    Anand Ravvarapu 5 Feb, 19 at 2:36 pm

    Hi Anil,

    My I-485 is pending approval under EB2 India category. PD is Nov 6, 2009. I changed jobs couple of times using AC21 process.

    1) Seems it may take couple of years to get to end of 2019 under EB2 category. So, should I downgrade to EB3 category?
    2) If so, does my current employer have to file PERM under EB3 or just replace EB2 I-140 with EB3-140?
    3) Can my employer file EB3 140 now or wait until my PD is current under EB3 category?
    4) Can my employer file EB3 140 using premium processing?
    5) If EB2 moves faster than EB3 after I downgrade to EB3, what are my options to switch back to EB2 category?

    Appreciate your time and help in answering these questions.


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:01 am

      Please read the article above. It has answers to all your questions.


      • Anand Ravvarapu
        Anand Ravvarapu 9 Feb, 19 at 10:01 am

        Anil, I read your article, but in my case I-485 is pending approval. I wasn’t sure if this case is different than just having I-140 approval and yet to file I-485. In your article under “EB2 to EB3 Downgrade with Different Employer” section, it says NEW PERM is needed. But in one of the chat questions, you mentioned EB3-140 can replace EB2-140 without NEW PERM. Appreciate if you can clarify this part.


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:11 am

          Yes, if your i485 is pending, then you can just file EB3 i140 and request to replace the underlying the EB2 i140.
          This is normally called interfiling.

          I will add this to above article as well. Thanks for highlighting that it’s not mentioned in above article.


          • Anand Ravvarapu
            Anand Ravvarapu 9 Feb, 19 at 10:41 am

            Thanks Anil! Appreciate if you can cover interfiling cases with PD current and PD is in future in the article and also add if any complications/challenges going back old category in case EB2 picks up the pace again. Thanks for educating the community on immigration processes! This is really helpful!


            • Anil Gupta
              Anil Gupta 10 Feb, 19 at 12:25 pm

              Sure. I will write an article about interfiling. Thanks for the suggestion.


  44. kokulan
    kokulan 5 Feb, 19 at 2:36 pm

    hi Anil
    Could you please let me know following scenario?

    I have pending i485/i140 and having EAD/AP. I did the H1B transfer to new employer before 180 days and still maintaining H1B status. I will use the AC21 after 180 days to move my i485 to new employer.

    Question is if I visit India and come back by AP and still working on my H1B to new employer, is there any issue maintaining my non-immigrant status in case of i485 rejected in future?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:41 am

      I have covered this scenario in a separate article here:
      https://www.am22tech.com/travel-outside-usa-while-green-card-is-pending/

      Please go through the scenario where you enter US using AP and then keep working with H1B employer. There is a scenario explained for AOS i485 denial as well.

      Let me know if you have more questions.


  45. kokulan
    kokulan 5 Feb, 19 at 2:36 pm

    Hello Anil,
    I applied for concurrent I140/I485 last week (EB3 India downgrade option). I got soft LUD update on my last approved H1B with same company.
    Is this soft LUD on my H1B approval related to anything for i485 process?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:01 am

      I don’t think it is related to i485.


      • kokulan
        kokulan 9 Feb, 19 at 10:01 am

        I did the H1B transfer on November 2018 to another employer. That time my priority date was not current. As my priority date is current this month, I applied i485 with my current employer. I am working for my current employer only now. Plan to join new employer after 180 days of I485. Does this new H1B transfer might triggered the soft LUD on my current approved H1B?
        Does this transfer step impact any issues on the I485?


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:11 am

          Transfer can affect i485 processing.
          What is your priority date? Is it current in EB3 FINAL ACTION chart?


          • kokulan
            kokulan 9 Feb, 19 at 10:41 am

            My EB2 priority date is Feb 2010. I downgraded to EB3 with concurrent I485 on this month. H1B transfer was initiated on Nov 2018.
            Do you see any issue in my case?


            • Anil Gupta
              Anil Gupta 9 Feb, 19 at 10:42 am

              You should be okay if you join new employer after 180 days of filing i485.

              So, you basically filed based on ”ate of filing EB3′ chart.


              • kokulan
                kokulan 9 Feb, 19 at 2:10 pm

                Thanks Anil. Yes. I filed based on EB3 FilingDate


  46. Pradp
    Pradp 5 Feb, 19 at 2:36 pm

    Hi Amit

    Please let me know whether I should downgrade now

    Employer A: EB3 5th Nov 09
    Employer B: Ported to EB2 5th Nov 09

    Now am planning to port back to EB3 from Employer B. Am I good to do the downgrade now?

    Thanks
    Pradeep


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:01 am

      Your EB3 date is NOT current now. You won’t be able to file i485 at this time.


      • Pradp
        Pradp 9 Feb, 19 at 10:11 am

        Thanks Anil. So you mean, there is no use downgrading to EB3?
        Do you anticipate EB3 moving ahead or filing dates showing up in future months?


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:41 am

          Downgrading to EB3 is still possible but you can only file EB3 i140.
          If you had taken action in Jan, you could file EB3 i140 + EB3 i485.

          Starting Feb, EB3 ‘date of filing’ chart has been stopped.


          • Pradp
            Pradp 9 Feb, 19 at 10:41 am

            I know am late, I didnt know I could downgrade back in Nov’18. I regret that.
            I see EB3 dates are moving way faster than EB2, can I expect to get current for my date by end of this year in EB3?


            • Anil Gupta
              Anil Gupta 9 Feb, 19 at 10:41 am

              I do not think EB3 Final action date will reach Nov 2009 by the end of 2019. The chances are low as lot of people would have jumped from EB2 to EB3 in the window that was open for couple of months.

              If you had seen this article earlier in November, you would have at-least filed EB3 i140 + i485.
              Anyways, lets hope that dates keep moving ahead at good pace.


              • Pradp
                Pradp 9 Feb, 19 at 10:41 am

                Yeah I wish I had seen this article earlier.
                Thanks Anil for the helpful stuff, really appreciate your information and responding to peoples question on a timely basis.
                Your prompt response saved me from porting back to EB3 and spending couple thousand dollars.
                And yes, hope to see the dates move at a good pace.


                • Anil Gupta
                  Anil Gupta 10 Feb, 19 at 12:25 pm

                  Good. Just keep checking this article as I update it often as and when any new updates are sent by USCIS and then give my suggestion on whether to downgrade or not.


  47. Venkat
    Venkat 5 Feb, 19 at 2:36 pm

    Hi Anil

    Am planning to downgrade to EB3

    Employer A: EB3 10th Dec 09
    Employer B: Ported to EB2 10th Dev 09

    I am planning to port back to EB3 from Employer B.
    please let me know if I am good with the move?

    Thanks
    Venkat


    • Anil Gupta
      Anil Gupta 5 Feb, 19 at 2:36 pm

      EB3 priority date is NOT current for you now. There is no use of downgrading at this time as you can’t file i485.


      • Venkat
        Venkat 9 Feb, 19 at 10:01 am

        Thanks Anil for the quick response.
        I was following your post, in Jan you mentioned my priority date is eligible but now as per feb 2019 bulletin, you are saying I cannot.
        Please let me understand, in jan filing dates were Apr 2010, now i dont see that and instead final action dates are shown, did USCIS back dated?
        Does that mean either way EB2 or EB3, I have to wait until one of them goes current?

        Based on your response, I put on my downgrade on hold.

        Thanks again.


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:11 am

          Starting with Feb visa bulletin, the ‘Date of filing’ chart use has been stopped.
          In Jan, EB3 ‘Date of filing chart’ was available for use and you should have filed in Jan if you wanted to.

          But, now, you have missed the bus.


          • Venkat
            Venkat 9 Feb, 19 at 10:41 am

            Okay I get what you say, Also I noticed that EB3 action dates moved by 51 days in feb where as EB2 by only 5 days.
            From what you say, I was thinking to wait for couple more months to see EB3 movement and if it goes current, porting then would be beneficial?


            • Anil Gupta
              Anil Gupta 9 Feb, 19 at 10:41 am

              I think you can wait until the EB3 really becomes current for your PD. You can then file both i140 + i485 concurrently.
              If EB2 moves ahead of EB3, then you can file EB2 i485.

              I suggest to wait.


              • Venkat
                Venkat 9 Feb, 19 at 2:10 pm

                Cool, I was of the same opinion. Thanks alot for your timely help.
                I hope you update on a monthly basis if there is any change? I would like to follow your article from now on.


                • Anil Gupta
                  Anil Gupta 9 Feb, 19 at 2:10 pm

                  Yes, the article is updated weekly for any new news or visa bulletin updates.
                  You can bookmark it.


  48. gds
    gds 5 Feb, 19 at 2:36 pm

    My PD is April 2016 in EB2, I am still working with Employer-A. Should I port to EB-3 considering the current trend going on.


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:28 am

      You should sit back and relax. April 2016 will take at-least 100 years to get current unless US immigration law is changed.
      Don’t worry about downgrading at this time. Enjoy USA.


  49. Kumar
    Kumar 28 Jan, 19 at 8:52 pm

    Hi Anil , My priority date is Feb 2010 . I just moved to new employer and perm was applied last month.
    Do you have any statistics when Feb 2010 filing date would be accepted again this year?


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

      As per my estimate, Feb 2010 will not be current again this year.


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

        thanks Anil. Looks like only Final action date would move this year. Any prediction when will filing date would open again?
        Do they really open again next year until Final date reaches Apr 2010?


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:16 am

          I think that filing date will reopen in September. That’s just my estimation though.


  50. Sai Anam
    Sai Anam 28 Jan, 19 at 8:52 pm

    Hi Anil,

    Date of Filing dates (Adjustment of Status Filing Charts) for EB3 are available till Feb 28- 2019? I mean does USCIS accept applications for Adjustment of status to file whose PD is Jan 2010?


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

      Yes, dates of filing chart is meant for filing the i485 if your PD falls before the date mentioned in that chart.


      • kokulan
        kokulan 9 Feb, 19 at 10:07 am

        Date of filing date is valid upto end of Jan 31st. USCIS wont accept date of filing from Feb 1’st onwards.
        is that correct Anil?


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:12 am

          No, that’s not correct.
          The Jan 2019 date of filing chart can be used at this time until USCIS specifically tell to stop using it.

          Test chances are very high though that they will stop it by Jan 31.
          So, if you want to file, file as early as possible.


          • kokulan
            kokulan 9 Feb, 19 at 10:43 am

            Thanks. This is what I see in the uscis site.

            =====
            You must use the Dates for Filing chart in the Department of State Visa Bulletin for January 2019. Based on current trends in inventory and visa use, USCIS anticipates that applicants in the employment-based preference categories will have to use the Final Action Dates chart as soon as February 2019.
            ====
            https://www.uscis.gov/visabulletininfo


            • Anil Gupta
              Anil Gupta 10 Feb, 19 at 12:27 pm

              That simply means what I told earlier.


  51. LA Raj
    LA Raj 28 Jan, 19 at 8:52 pm

    Hi Anil

    Currently, I am with Company-D, the 4th Company, since my first EB2 PD was approved. My EB2 PD is 08/20/2009, which is through Company-A, and I have a valid I-140 with same PD (08/20/2009) in my current company. This is my 4th I-140, and I am waiting for the EB2 PD to become current.

    Given that the EB3 PD filing date is 04/01/2010 and final date is 04/22/2009, I would like your advice on speeding my GC through EB2–>EB3 porting.

    NOTE:- Sorry, some of the questions might be simple or stupid or incorrect. I am confused and want to be cautious as I have missed filing I-485/EAD, when jumped to Company-B and then to Company-C. I do not want to risk again. So, PLEASE EXCUSE ME for any invalid/incorrect/stupid questions.

    My questions are:-

    01) Can I apply for EB3 I-140 & I-485 at the same time?

    02) Will I be eligible to apply for EB3 I-140 Premium Processing in the same service center? I.e., Apply EB3 I-140 using current I-140 in the same service center where current I-140 was approved?

    03) Can I apply for EB3 I-140/I-485 without affecting current EB2 I-140? Is there anything I should get confirmed from my current employer(attorneys) on not cancelling existing EB2 processing? (not fully understood this topic “Downgrade EB2 to EB3, then Upgrade again to EB2 later?”)

    04) Another Big concern that I have is what if EB3 processing is applied and EB3 is RETROGRESSED? What will happen to the current EB2 processing? Because, I would love to have the option of both EB2/EB3 process going on without either of them getting cancelled… So, I will have the benefit of whichever comes first.

    05) Based on EB3 movt from Oct-2015 to-date, it seems, approx, in 3 to 4 months the EB3 PD will be current for me; whereas, for EB2 it’s between 18-24 months. I definitely, don’t want to miss this opportunity (GC Thru EB3). In case, if EB3 I-140 Premium (in the same service center) did not works out, should I wait for EB3 Final Action Date to be current or be prepared now itself? (assuming my EB2 GC process will not be affected)?

    06) After application for I-140/I-485 is submitted (and accepted) thru EB3 route, if Retrogression happens, what happens? Will my application be on hold or Retrogression has no effect on already submitted applications?

    Please Advice.
    Rgds
    Raj


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

      1. Yes, you can file EB3 i-140 and i-485 concurrently at same time.

      2. Yes, you can file for premium but its not guaranteed. Please read above article for more info about premium.

      3. EB2 and EB3 approvals stay in their place and active. You just need to file a new EB3 i140 based on EB2 PERM to be eligible for EB3 dates.

      4. The underlying i140 can be changed for pending i485. So, you can legally use any of them i.e. EB3 and EB2 i140. But, there are complexities involved and your attorney can guide you on when and how to do what.

      5. I suggest to wait for EB3 final action date to be current for you before you take any action.

      6. Retrogression is a BIG issue. That’s the biggest problem everybody faces! If it retrogresses, your i485 application will stay pending until it gets current again, which may or may not take years. That’s the irony of US immigration system.


      • LA Raj
        LA Raj 9 Feb, 19 at 10:12 am

        Hi Anil, Thank you for thepatience and detailed answers .I am sure I am trying to be smart but, actually, could be so stupid and all this is because of desperation having waited 10yrs and missing I-485 couple of times.

        For “2”: So, I assumed that even if EB3 I-140 is filed in the same service center by the same current company, there’s no guarantee. If not, correct me.

        For “5”, Sure, will wait. But, based on your reply in “3”, applying for EB3 I-140 will not affect existing EB2 process right? So, is it better to apply premium EB3 I-140 and if not wait for normal EB3 I-140 for 3 to 6 months by which either EB3 or EB2 becomes current? . The reason that I am asking is that if after 3 to 4 months EB3 PD becomes current for me and if I apply at that time again it might take another 3 to 6 months, by which many would have jumped into EB3 ship worst case causing retrogression/delays… But, if I apply for EB3 I-140 (without affecting existing EB2 I-140), then, within 3 to 4 months if EB3 PD becomes current, I just can get EAD/GC before it gets jammed again, right? Except the filing expenses, I do not see any downside to it (ofcourse thanks to your clarification on other questions)?

        For “5” another reason I wanted to apply EB3 I-140 premium/not-premium is, apart from all clear answers from you, that :- Anyone having a PD later than 08/20/2009 (dec-2009, mar-2010 etc) can possibly jump into this opportunity and by the time before I could apply, if it gets jammed then I would lose an opportunity. Again, I have seen this happening in 2011/2012 period when a friend with PD in 2013 got his EAD in front of my eyes and before I jumped in it got retrogressed.

        Sorry, once again, for this lengthy question.

        Please advice.
        Thanks
        Raj


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

          Yes, your understanding is correct.


          • LA Raj
            LA Raj 10 Feb, 19 at 12:27 pm

            Thank you Mr.Anil


            • LA Raj
              LA Raj 11 Feb, 19 at 8:13 am

              Hi Anil

              I saw the below comment (by Kars) posted (6 days ago) here and confused. As mentioned my PD (08/20/2009) is from company-A and now I am in company-D with approved I-140 (with same PD as company-A). Per below comment, it says I have to be in original employer for EB2 to EB3… ? Did it mean that if the current employer is okay to file EB3 I-140 as well, I am good or otherwise? Please clarify… I am keeping my fingers crossed ….

              “This is just my hinge based on different scenario. Most of the EB2 folks are in EAD and might have been moved to different employer. Its not viable option for those as they need to start from PERM. That would be 2 years process. Only case where downgrade possible is who ever is working same original employer. So they can do courtesy EB3 downgrade to help those folks. EB3 final action date would hit Mar 2010 easily before Sep 2019.”

              Thanks
              Raj


              • Anil Gupta
                Anil Gupta 11 Feb, 19 at 1:51 pm

                1. You can either file EB3 downgrade (EB3 i140) with your current employer’s EB2 PERM – This is slower as you have to file EB3 i140
                OR
                2. Go back to work for old EB3 employer – This is faster option as you already have EB3 i140 approved.


                • LA Raj
                  LA Raj 12 Feb, 19 at 12:30 pm

                  Thani you Anil! “2. Go back to work for old EB3 employer ” ==> this option will not work for me … as I was always on EB2 category since company-A. Also, Going back to any previous company is not possible. But, I got the idea. Thanks!

                  Initially, based on your previous answers… I thought that I can apply for EB3 I-140 without affecting the existing EB2 I-140… ? Perhaps, I need to understand this more… my bad.

                  Thanks
                  Raj


                  • LA Raj
                    LA Raj 12 Feb, 19 at 3:50 pm

                    Hi Anil

                    Have this clarification request as I am worried much on what to do to get into EB3 line.

                    My Attorneys are delaying it and have not started any documentation yet; they’re saying it takes ~5 weeks to prepare EB3 I-140 documents. In fact, they initially said that EB2 is moving, we can’t do EB2 to EB3, we can’t do electronic filing, and then they said EB2 will be affected etc… I am totally worried and confused. The strange thing is my employer does not have any problem doing it and helping me to do whatever it takes.

                    For ref:- I am with 4th Employer(Company-D) on approved EB2 I-140 and a PD of “08/20/2009“. Since my 1st employer(Company-A), I’m on EB2.

                    So, can you please help me with the time it takes to prepare the EB3 docs, electronic filing of EB3 I-140, the fees associated with, any particular document to make sure the existing EB2 is not affected etc? It will help me to get on call with them this late evening or Saturday. The biggest worry for me is why they’re trying to dodge this when my employer is fully supportive of it.

                    Thanks
                    Raj


                    • Anil Gupta
                      Anil Gupta 12 Feb, 19 at 8:01 pm

                      Everything takes time and you should believe your attorney on what they say.
                      Why would they delay your application when your employer is paying them fees. They work for money and they are getting it.

                      Talk to them in detail about your case.


                    • LA Raj
                      LA Raj 12 Feb, 19 at 8:06 pm

                      Anil Thanks a lot. Based on many things I learnt here and from your Inouts, I had a call ~30 minutes ago.

                      Please note:- I was not even aware of EB2 to EB3 before stumbling on your post recently. So, hope you understand my anxiety.

                      Discussion points
                      0) They confirmed that EB2 I-140 will not be affected and I can go for I-485/AOS whichever line becomes current first (thanks for ur blog). In this case, the expense will be only for EB2 I-485/AOS
                      1) Option-01: Apply EB3 I-140 Premium along with I-485 by 31st Jan. They said, It’s impossible to file before Jan 31st as medical/docs would take couple weeks.
                      2) Option-02: Apply EB3 I-140 Premium along with I-485 in Feb. EB3 will be approved and I-485 will be sitting there for AOS. When checked again, they confirm that I-140 will be preimum as of now and they can apply it as premium. The total cost would be around $8k.
                      3) Option-03: Apply EB3 I-140 Premium along with I-485 in future once EB3 Final Action Date is current for my PD. Both EB3 and I-485 will be approved and AOS will be done. When checked again, they said there is no guarantee that I-140 will be premium at that time. The cost will be the same approx around $8K.

                      Given the above options,
                      (1) is there any remote change for “Option-01” can be done in expedited way? .
                      (2) Is there any plus/downside to Opt-02 or Opt-03? Apart from the expenses, I would like to go with Opt-02 and be ready for EB3 Final Action Date to be current for my PD (ofcourse keeping my fingers crossed).

                      Are there any other better way I can proceed (with help from Attorneys) on my GC march?

                      Seriously, with all my technical expertise, I feel so dump in understanding the whole process or how to reach to the other side of the GC line. Appreciate your advice/suggestions.

                      Thanks
                      Raj


                    • Anil Gupta
                      Anil Gupta 12 Feb, 19 at 10:14 pm

                      Point 0 – This is same as I already shared earlier with you. Underlying i140 can be changed for pending i-485.

                      Not sure how fast you want. If they are saying Jan 31, then it is just a week away! or is it a mis-typed date?

                      I can understand your anxiety as you are so close to GC after waiting for 10 years.
                      My suggestion is to go with option 03 though.


                    • LA Raj
                      LA Raj 13 Feb, 19 at 12:24 am

                      Sure, Thanks Anil.

                      Sorry My bad. In “point 0”, I was referring to EB3 I-140 wioh I-485 and that Attorneyrs confirmed (just updated you, because after I referred this post, they confirmed)

                      Option-01: Yes, applying for EB3 I-140 Premium by 31-Jan-2019. Seems, they cannot do this because of short timeline.

                      Will do Opt-03 as suggested(Tuesday, I’m having a call with Attorneys) But, just for my little consolation… is there a specific reason you want me to go to Opt-03 instead of Opt-02? How does it helps or better than Opt-03? Or did you mean that because anyhow, I-485 is considered only when Final action date is current? But, if we go Opt-02, we’ll be at least sure with I-140 premium and when Final action date becomes current, all they have to do is do AOS, and there will be no delay right? (we can save 2-3 months?). Request you to please let me know.


                    • Anil Gupta
                      Anil Gupta 13 Feb, 19 at 12:34 am

                      The only benefit of option 3 is saving money.
                      If you want to save time, you can go ahead with option 2 and then you will have both option I. E. EB2 and EB3 ready to be filed.


                    • LA Raj
                      LA Raj 13 Feb, 19 at 1:42 am

                      Thank you Anil. Perfect… will plan accordingly. But, all depends on USCIS making my PD current 🙂


  52. Kaustav Sengupta
    Kaustav Sengupta 28 Jan, 19 at 8:52 pm

    Not sure if I understand the I-140 premium processing part clearly.
    I already have an approved I-140 in EB2 and my I-1485 is also filed in 2012 and pending with USICS.
    Now if I file EB3 I-140 for the same Perm which was used for EB2 I-140 and file to same service center where my EB2 I-140 was approved earlier, then I can do premium processing for this EB3 I-140?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:07 am

      Yes, that’s correct. But, premium processing is NOT guaranteed. USCIS will first try to find your record and then give out a decision as to PP is available for your case or not.


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

    Hi Anil,
    My PD is EB2 May 26 2009. Do you think it is worth it to downgrade to EB3? EB2 dates are barely moving. At this speed it may take couple of years to become current with EB2. So that’s why I am wondering about downgrading but not sure if there are any risks associated with downgrade process.


    • 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: https://www.am22tech.com/eb3-india-beats-eb2-in-uscis-gc-priority-race/


  54. kulan
    kulan 28 Jan, 19 at 8:52 pm

    hi Anil,
    Filing date is no more for Feb month as per latest visa bulletin info today.
    So still I can file uptil end of Jan for filing date for EB3. is that correct?


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

      Yes, that’s correct but you can only use Jan 2019 date of filing chart.


  55. Kiranakil
    Kiranakil 28 Jan, 19 at 8:51 pm

    Hello Anil,
    I applied for EB3 downgrade and concurrent i485 on Jan 15 . Let’s say downgraded I-140 approved on July s mar15th. ie i485 also crossed 180 day mark. In that case , shall I use AC21 to move it to new employer?. Please note that I-140 is approved but that is not yet reached 180 days after approval date. Do you see any issue if employer withdraws it or any issue arise while do AC21 to new employer?


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

      I don’t understand the July mar15th date.


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

        Sorry for the typo. I meant to say following.
        EB3 downgraded I-140/I-485 concurrently filed on Jan 15, 2019.
        Let’s say I-140 approved on July 15, 2019. Also i-1485 applied date crossed 180 days from Jan 15 2019. In that case, my AC21 to new employer should go through without any issues. is that correct?


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:42 am

          Yes, it should be fine.


          • Kiranakil
            Kiranakil 10 Feb, 19 at 12:33 pm

            Last question in this thread. My job location is WA state as per my PERM/I140. Also my current working location is WA state.
            In which service center(Nebraska or Texas) my concurrent i-140 would be processed?


            • Anil Gupta
              Anil Gupta 11 Feb, 19 at 8:12 am

              You would already know the answer to this question if you have filed the i140.
              Have you got the receipt number yet?


              • Kiranakil
                Kiranakil 11 Feb, 19 at 1:50 pm

                My EB2 I140 was showing as LIN with the same employer that was filed/approved last year with same WA location.
                My concurrent EB3 downgrade i140 and i-485 was sent to Dallas location as per concurrent filing location. Still waiting for receipt number. Just wondering where would be normally processed in case of concurrent filing one.
                Looks like TX I140 approval time is shorter than NE.


                • Anil Gupta
                  Anil Gupta 12 Feb, 19 at 12:29 pm

                  I cannot guess where it will eventually go.


  56. Rag Ramini
    Rag Ramini 28 Jan, 19 at 8:51 pm

    My PD is 03/19/2012 EB2 India. Do you think the PD for EB3 moves in 2020 to 03/19/2012 so that I can downgrade?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:01 am

      No, i do not think that it will move that fast. You are better off waiting without downgrade at this time.


  57. Chetan Mehta
    Chetan Mehta 28 Jan, 19 at 8:51 pm

    Hello Anil,
    My I-140 was approved with my former employer (PD is 10/20/2010) under EB-2. I joined new employer and they have filed PERM 2 months back. My question is, can they file I-140 under EB-3 or it must be under EB-2? Is it determined in PERM under which category it will be filed i.e. EB-2 or EB-3?

    Thanks in advance.

    Chetan


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:01 am

      They can file PERM under EB2 or EB3. EB2 is more restrictive as it needs more work experience.
      An EB2 eligible person is automatically eligible for EB3.


      • Chetan Mehta
        Chetan Mehta 9 Feb, 19 at 10:11 am

        Hello Anil,

        Thanks for your response.

        Chetan


  58. Venkatesh Santhanakrishnan
    Venkatesh Santhanakrishnan 28 Jan, 19 at 8:51 pm

    Hi Amit,
    My priority date with my employer A is Apr 22, 2013. I have joined recently with Company B..

    With the current trend which one i can apply with Employer B EB2 or EB3?
    if EB3 moves faster will it come to 2013 April?

    Please let me know your recommendations.


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:01 am

      USCIS has already given a good amount of leeway by opening dates till April 2010. I think it will now take about 7-8 years to reach 2013.

      I don’t think you should downgrade at this time.
      You can consider employer A if the EB3 ‘Final Action’ becomes current for you. I do not see it happening in next 8 years.


      • Venkatesh Santhanakrishnan
        Venkatesh Santhanakrishnan 9 Feb, 19 at 10:04 am

        Thank you Anil.. Even my employer A Filed only with EB2.. So, i dont have any EB3 140 approved. I am trying to find applying straight with EB3 will help with Employer B Now?


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:11 am

          Not sure what will you achieve by filing EB3 directly.


  59. Ram
    Ram 14 Jan, 19 at 9:52 am

    Hi Ankit , my PD is June 2010, I have labor EB2 and i140 from company a , and I moved to company b which filed the labor EB2 and I 140 , and ported my PD ,

    Do you suggest I move to EB3 at this point , will I get to do i140 for EB3 in premium processing

    Also what time frame do you expect the EB3 PD to move to June 2010 ( not just the Filing date) , , if not I might be with an ead and not the GC after I file 485

    There can be a case where my EB3 is in Ead and EB2 then move and becomes current , In that casr can I go to eb2 again and get my GC

    Thanks
    Ram


    • Ram
      Ram 14 Jan, 19 at 10:04 am

      Sorry for the typo , I meant to say Anil 🙂


      • Anil Gupta
        Anil Gupta 9 Feb, 19 at 10:03 am

        No problem with the name.

        You can file EB3 downgrade i140 in premium if the application is filed at same USCIS service center that your EB2 i140 was filed at. I have covered this scenario above.

        The EB3 ‘Final Action’ date is not expected to reach June 2010 in next 12 months.
        The ‘Date of filing’ may also be closed in Feb 2019 as per my estimation.

        Yes, it is allowed to change the underlying i140 approval and replace the EB3 with EB2 i140 to keep the i485 active.


  60. Peter
    Peter 14 Jan, 19 at 9:48 am

    Hi.
    My priority date is Jun,2012 under EB2?
    Do you think, I need to do anything now, like downgrading to EB3


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:09 am

      No, you do not need to downgrade right now. Your date is pretty far away at this time. At-least 4-5 years away from getting current (my estimation).


  61. Raj
    Raj 14 Jan, 19 at 9:48 am

    hi Anil,
    I have approved I-140 in EB2 India and my priority date is Oct 2009. I did EB3 downgrade last week and filed I-1485. EB3 i-140 approval would take more than 6 month now. In case EB2 final action date is reaching Oct 2009 in few month, can I change my underlying I485’s i-140 to EB2 even though still EB3 downgrade is pending.
    thanks
    Raj


  62. Santosh
    Santosh 14 Jan, 19 at 9:48 am

    Hi Anil,

    I have an approved I-140 with employer A with PD as June 15, 2010. I have changed job to employer B, employer B filed PERM under EB2 and PERM is approved last month (November 2018). PERM expiry is till mid May.

    Now the question is I140 to be filed in EB2 or EB3 category? Or do i need to wait for few months and file I-140 based movement in EB3?

    What are the chances that my PD reaches before May 2019 visa bulletin?
    If EB3 moved to my PD, can I-140 EB3 and I-485 be applied together?

    Thanks in advance Anil.

    Regards,
    Santosh


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:03 am

      At this time, you should file EB2 i140 to avoid wasting any time waiting for priority date to be current for either EB2 or EB3.

      The chances of EB3 moving that fast are low. It is kind of a one time opportunity and may not come back again due to EB2’s jumping to EB3’s. But, you never know.
      As clearly mentioned in above article, you can file EB3 i140 and i485 concurrently whenever the priority date is current.


  63. Panneer Balasubramaniam
    Panneer Balasubramaniam 14 Jan, 19 at 9:48 am

    Hi Anil,
    I got approved with EB2 and EB3 with company A and I left that company and joined company B (2012) and I got approved with EB2 only and my PD is May 24, 2010. and my question is (1) if my PD comes current on EB3, can I apply I-140 and I-485 together with company B? I cannot seek the help of my company A as I left the company long time ago and not sure whether they cancelled my EB2 and EB3.
    Question 2) If I want to avail your services how can I contact you?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:03 am

      1. Yes, you can use company B’s EB2 PERM to downgrade for EB3 i140 + i485 (together) when your priority date becomes current under EB3 category.
      2. I do not give any professional services at this time. I just voluntarily help people using this blog, answering queries on truvisa.com and other public forums.
      You can ask me questions if you have doubts and i can help.


      • Panneer Balasubramaniam
        Panneer Balasubramaniam 9 Feb, 19 at 10:13 am

        Thank you for your reply, but my attorney says he cannot do I-140 and I-485 together on EB3, since we need to provide a valid reason for downgrade? is it so? is there a chance of denial on EB3?


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:49 am

          Chances of denial exist on each application that you send to USCIS. We cannot guess the result.

          To answer your question about filing EB2 to EB3 downgrade, you can certainly file it with no issues. The employer does have to prove that the EB2 job offer that they used to file your EB2 i140 is eligible for EB3 job as well.

          It is possible that there is something about your case that Attorney knows that may have prompted him to say ‘No’.
          You have to ask him ‘Why it can’t be done’ for you to know the exact reason.


  64. Nraj kumar
    Nraj kumar 14 Jan, 19 at 9:47 am

    Hi Anil,
    I have EB2 priority date as Feb 2010 with my current employer. I never filed i-485. My employer is ok to downgrade to EB3 and ready to give all support document. I need to take care of all cost. That is fine and that would be around $5000.
    Based on current EB2 backlog, looks like it would take around 4 years to clean up 2009 itself. EB3 would have a chance to reach Feb 2010 with in another one year. Is that right assumption provided minimal downgrade?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:03 am

      I don;t expect the downgrade to be minimal. I think all EB2s will start jumping pretty quickly and your should file it as fast as possible and till EB3 window is available.
      This is kind of one time opportunity and the filing date may go back anytime.


  65. Nitu
    Nitu 14 Jan, 19 at 9:47 am

    hi Anil,
    I am going to apply for EB3 downgrade and file i485 next month as my EB3 date is current through my current employer. But I initiated the H1B transfer to different employer two month before as I was not foreseeing the EB3 filling date would jump to one year. New employer asking me to join after H1B approval as its still in pending status. He wants to join only after H1B transfer approved.

    My question is if I apply for I485, is there any issue due to my new H1B transfer? ie Does H1B transfer impact anything in my i-485 as long as I stay uptil 180 days?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:03 am

      Since you said downgrade, you will be filing new EB3 i140 as well. And you would file EB3 i140 and i485 concurrently.

      In that case, there could be issue if your i140 is denied or issued an RFE and you have moved on to new employer.

      I suggest to stay with current employer until EB3 i140 is approved.


      • Nitu
        Nitu 9 Feb, 19 at 10:13 am

        hi Anil, I have planned to stay with current employer uptil EB3 downgraded i140 approved and 180 days after i485 filed. I am not going to join with new employer until then. My question is doing H1B transfer does any impact for the i485? Does USCIS see the H1B transfer and do they question about why I am going with i485 and H1B transfer same time?


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:44 am

          No, H1B transfer should not affect your i485 as long as new employer can prove that similar job exists with them (if requested to prove) under AC21 law.


  66. Pankaj Gupta
    Pankaj Gupta 14 Jan, 19 at 9:47 am

    Hi Anil,

    I have I140 approved form Company A with priority Date 27-Apr-2010 in EB3. Current I am with company B with I140 approved in EB2. Does it make sense to downgrade to EB3 and filing for i140+I485 together, as the date for filing become current? (its 01apr2010 for Eb3 now for filing 485)


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:05 am

      I would suggest to wait for another month and see if the EB2 date of filing gets current for you. If it does, file EB3 i140 + i485 immediately without waiting.


      • Pankaj Gupta
        Pankaj Gupta 9 Feb, 19 at 10:09 am

        Thanks a lot Anil. I believe you meant “EB3 date of filing gets current” please confirm. I will wait for a month though.


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:13 am

          Ya. .sorry mistyping. I meant EB3 date of filing.


  67. AJ
    AJ 14 Jan, 19 at 9:47 am

    This article and the comments are very helpful ! Thank you!

    ===============
    Upgraded EB3 to EB2, Now Downgrade to EB3 again?

    You are LUCKY!

    If you had approved EB3 i140 earlier with employer A and then upgraded to EB2 with a new employer B. Now, if the employer A still has the EB-3 position and has not withdrawn the approved I-140, you can file your I485 with supplement J signed by the EB-3 employer A without filing a new I-140 and convert to EB3.
    ================

    In my case employer A and B are the same. PD April 2010, EB3 I140 was approved, then over the years ported to EB2 upon job promotion.
    Question:
    1. In my case what would be the steps to down port? Is my previous I140 still valid or do I need to file new I140 concurrent with I485? Any obvious complications?

    2. Once I file EB3 I140 and get an EAD, later the EB2 FAD moves ahead, do I still have practical way to utilize EB2 I140 that I have now?

    EAD is extremely critical for me as my spouse would lose job and business without the endangered H4EAD

    Thanks again.


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 9:48 am

      1. Your EB3 i140 would still be valid. Check with your employer if they have withdrawn it or not.

      2. Yes, you can change the underlying i140 approval later for pending i485 if EB2 gets current faster than EB3 in future.


  68. Kars
    Kars 14 Jan, 19 at 9:47 am

    hi Anil,
    Is there any statistics for I140 downgrade time frame? Is it same as normal(no premium) I140 or it would take some extra time too?


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

      Same time as normal i140 without premium.


  69. Rararajn
    Rararajn 14 Jan, 19 at 9:47 am

    Anil , I have EB3 i140 with my previous employer. I moved to new employer and got EB2 now. I worked with my previous employer from 2008 to 2013. My EB3 priority date is Jan 2010. My previous employer ready to give supplement J with same job details exists.

    Question is after 180 days , can I do AC21 to my new employer and still continue to work for new employer. ie Is there any issue If I am not going back to previous employer who gave the supplement J to file i-485?


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:05 am

      There should not be any issue.


  70. avk
    avk 14 Jan, 19 at 9:47 am

    I have i140 approved in eb3 sep 2013 priority date. do you think I have chance to get i485 anytime soon? or eb2 downgrade will block the line?


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

      EB2 to EB3 downgrades will lower EB3 speed.
      It will take about at least 10+ years for Sep 2013 to get current.


  71. Sudhamsu Josyam
    Sudhamsu Josyam 14 Jan, 19 at 9:47 am

    Hello, My PD is 29Dec2009 (EB2 India)… I already have my EAD… do you think its good to consider downgrading to EB3 now? Is it even possible at this stage?


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 9:48 am

      At this time, the Final Action date for EB3 is behind EB2. So, you are better off holding on to your EB2.


      • Sudhamsu Josyam
        Sudhamsu Josyam 14 Jan, 19 at 10:04 am

        Thanks Anil!


  72. mkk404
    mkk404 14 Jan, 19 at 9:47 am

    Hi Anil
    I am a physician and had my EB2 approved under NIW (self sponsored) with a Priority Date of Sept 2010. I am currently filing for an EB1A petition. Even if it gets approved, I will face the bottleneck for the I-485 filing / step 2. Would you recommend I downgrade to EB3 (can I even do that for a self sponsored petition?).
    Thanks in advance


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

      It will be difficult for you to downgrade and justify EB1 vs EB3.
      Also, the EB3 date of filing is currently at App 2010 and it is expected to be closed in Feb 2019 visa bulletin.

      My suggestion is to stay with EB1 as it has much better chances of getting current for you.


      • mkk404
        mkk404 9 Feb, 19 at 10:03 am

        Thank you for your prompt reply.
        What I meant was downgrading my previously approved Eb2 to Eb3 (while simultaneously trying my luck with eb1… if that works, I will certainly stick to EB1)


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:03 am

          In that case, you can go for EB3 downgrade.


  73. GCEB3 2020
    GCEB3 2020 14 Jan, 19 at 9:47 am

    Hi Anil, I have EB3 with March 2011. Based on 2018 EB3 movement, do you anticipate my PD to get current sometime in Q4’2019 or EB2 to EB3 downgrade could slow EB3. I know it is hard to predict but it looks like EB3 lane could get really free if number of pending I485’s is very low. Thank you and great job with your consulting ! Thx.


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

      As per my estimation, EB2 to EB3 downgrades will happen and pick up speed to clog the EB3 again.
      This upgrade and downgrade will go on until it balances itself.
      I do not think that Mar 2011 will get current in next 1 year.

      I usually share my estimated prediction here for India GC queues if you want to track:
      https://www.am22tech.com/eb2-india-predictions/


  74. vishu
    vishu 14 Jan, 19 at 9:47 am

    My PD is Aug 2011 in EB2 and my wifes PD is Jan 2013 in EB3. With the given movement of dates what would you suggest. Stick the same lines or should I downgrade to EB3 as its getting closer to my PD.


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

      There is no need to file EB3 i140 at this time for you. It will still take at-least 3-4 years for PD to reach 2011 given that lot of people from EB2 will start downgrading to EB3.


  75. Vred
    Vred 14 Jan, 19 at 9:47 am

    My PD is April 30th,2010 and what is the chance of it becoming current in FD bulletin for Feb. I heard that the Feb bulletin would go back. If that the case any insight of when in future it might come back again.what would be approx years it might take to get actual GC with April 30th,2010 PD. EAD inventory which was supposed to be published in dec was also not released by USCIS to gauge the demand 🙁


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:05 am

      Which category is it ? EB2 or EB3?


      • Vred
        Vred 9 Feb, 19 at 10:03 am

        EB3


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:13 am

          I do not expect EB3 Filing date to get current in Feb 2019 visa bulletin. The chances are high that the filing date chart will NOT be allowed to be used in Feb 2019.
          This is because USCIS has already given a big leeway (about 12+ months) for EB2s to downgrade to EB3 at this time.


          • Vred
            Vred 9 Feb, 19 at 10:43 am

            Thanks Anil for the response. Last Q with the current trend will it take another 6 years to get the GC for the PD April 30,2010 in EB3 or EB2.


            • Anil Gupta
              Anil Gupta 9 Feb, 19 at 10:49 am

              It is difficult to say but ya.. it can take at-least 3-4 years. I will be able to estimate better after Feb 2019 visa bulletin.


  76. JagsB
    JagsB 14 Jan, 19 at 9:47 am

    Hi Anil ,
    First of all would like to appreciate you on the good work you are doing for all the aspirants.
    My case: EB3 Approved – PD March 2010 – Emp A. Moved to EMP B , EB2 Approved with PD March 2010. My ex employer A is willing to file i-485 but wanted me to do a h1 transfer back to his company. I am wondering should I go back to previous employer and FILE I-485 and H1 transfer or stay with current employer and do a downgrade from EB2 to EB3?

    Because the H1 transfers are a bit risky now a days, and I would have to rely on successful I-485 to keep working on EAD. What would you suggesst.

    Thanks a lot and keep up the great work!!!


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

      My suggestion is to stay with current employer and file a downgrade.
      You can at-most get an EAD with filing EB3 i140+i485 at this time as the PD is current only in ‘Date of filing’ chart.

      So, it’s not worth taking the risk of filing H1B transfer unless employer A is full time opportunity.


  77. Shan
    Shan 14 Jan, 19 at 9:47 am

    Hi Anil,
    I need your help in understanding the 7th year extension after I-140
    My case:EB3 I-140 Approved – Need to file H1B extension now – My question is currently i am paying a role as ‘System Analyst’ and in PERM i see the role that my employed applied for ‘Senior System Analyst’ will this impact my H1b extension process? May i know what are the documents that USCIS will refer to process7th year extension? The reason i am asking is that my employer is filing my H1B extension for my current role and not the one which is provided in the PERM. is that fine? Please share your comments on this scenario? Thank you!


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 9:47 am

      Yes, that’s fine. The PERM job role is for future job and not your current role or job profile. So, you are good with current role in your H1B application.


      • Shan
        Shan 14 Jan, 19 at 10:04 am

        Thanks so much Anil! Appreciate your help!!


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:03 am

          You are welcome.


  78. Saravanan
    Saravanan 14 Jan, 19 at 9:47 am

    Hi – My EB2 Priority date is Aug. 09 and waiting for I-485 to be approved (filed back in 2011). With the recent movement in the EB3 and the final action date for EB3 getting close to EB2 and possible getting ahead, should I consider doing any downgrade at this time or you think I may have to wait and see ?


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 9:47 am

      My suggestion is to stay with EB2. At this time, the EB3 final action date is still behind EB2.
      The dates will now move probably at the same speed as people will keep jumping between EB 2 and EB 3.


      • Saravanan
        Saravanan 14 Jan, 19 at 10:05 am

        Thanks for your suggestion!!


      • Saravanan
        Saravanan 28 Jan, 19 at 8:52 pm

        Hi Anil – In light of the recent movement in the EB3 Final action date and being ahead of EB2 by 2 weeks, do you still suggest staying with EB2 and not consider downgrading at this time ?
        Just to recap – My EB2 priority date is Aug. 09 and I-485 was filed and I already have my EAD, so waiting on the final step to get the I-485 approved.
        I would like to evaluate the chances of getting my GC approved earlier if I do the downgrade and see if that might be worth the additional paper work for downgrade.
        Also, if I do initiate the downgrade and things move in opposite direction where EB2’s Final Action date moving ahead of EB3, what kind of options do I have to revert. Is there an option where I can downgrade just to keep the EB3 as an option, without doing any harm to my current I140/I 485 for EB2 ? I just don’t want to regret doing the downgrade.


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:01 am

          That’s the reason I suggested to stay with EB2 and downgrade to EB3.
          You do have the option of reverting back to EB2 when EB3 has been filed but things get complicated as you keep shifting here and there.


  79. Mahesh Erukulla
    Mahesh Erukulla 14 Jan, 19 at 9:47 am

    Hi Anil, my PD is May13th 2010 in EB2…can you please suggest is it good idea to downgrade to EB3..and apply 140 and 485 if in Feb bulletin the filling dates might move beyond may 2010?. Please advise.


  80. Sohail Mohammed
    Sohail Mohammed 14 Jan, 19 at 9:47 am

    Hi Anil-
    I fall in below category ” Upgraded EB3 to EB2 ( If you had approved EB3 i140 earlier with employer A and then upgraded to EB2 with a new employer B. )
    I believe the employer A still has the EB-3 position and has not withdrawn the approved I-140. You mentioned I can file I485 with supplement J signed by the EB-3 employer A without filing a new I-140 and convert to EB3. Does this means I can do this without trasferring my H1B or joining Employer A?
    does employers agree and entertains these kind of requests for filing supplement J?


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:05 am

      Any employer is doing business and they won’t simply file your EB3 i485 without expecting nothing in return.
      So, I do not think your employer would agree to do it unless you join them and help them make some money by working for them.

      If your EB3 employer has any change of heart by any means, then yes, they can file i485 without you working for them but they will have to prove that the job exists and you will join to work for them.


      • Kars
        Kars 9 Feb, 19 at 10:03 am

        hi Anil,
        If the previous employer agrees to give supplement J, is there any legal issue if I am not joining back after getting green card?


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:13 am

          As I already answered, employer can file i485 with supplement J without you joining them.
          It is a good faith declaration on the basis of understanding that you will join the employer once i485 is approved.

          The chances are higher for an RFE if you do not join but it is legally allowed.

          Also, you should join the employer if i485 is finally approved to not attract any adverse action from USCIS.


  81. SV
    SV 14 Jan, 19 at 9:47 am

    @SoanT:disqus Have you heard of a successful case where EB-3 downgrade I-140 and I-485 were filed concurrently by the same employer who has EB-2 I-140 approved ? Trying to confirm if USCIS accepts and sends receipt notice for this ?


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 9:47 am

      Why do you have a doubt about it? It is a legally valid process.
      Talk to your attorney and they should be able to file it.


      • SV
        SV 14 Jan, 19 at 10:04 am

        @SoanT:disqus Thanks. Yes legally it’s valid process but just that haven’t seen anyone who got receipt with successful filing.


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

          There are many people who would have filed. Chinese people have been doing it for last couple of years as they saw this kind of China EB3 move ahead of EB2 years earlier.


  82. Samir Mehta
    Samir Mehta 14 Jan, 19 at 9:47 am

    If all people who are currently on EB2 would start downgrading to EB3, the same problem(backported priority dates) will re-appear for EB3 category. And then, would you ask all of us to upgrade to EB2? This porting doesn’t make much sense(at least to me).


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

      You are correct. But, that’s how the whole US green card category system works. If you do not jump, someone else will and they *might* get it sooner than you.
      Its going to be snakes and ladder game!!


  83. Poonam Dubey
    Poonam Dubey 14 Jan, 19 at 9:47 am

    Hello Anil my question is- if people will start downgrading from EB2 to EB3, there are chances that EB2 will move fast? If PD is November 2010 in EB2, what are your suggestions? We have same employer since then.


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 9:47 am

      Yes, if people start jumping from EB2 to EB3, EB2 will see a bit of fast movement. This is same as moving cars in two lanes. You see the lane next to you moving fast and you jump to that lane. The empty space created by your movement makes the other cars feel that your lane has started moving fast now!

      Nov 2010 will take time ..my estimate is that it is going to take to more than 2-3 years.


      • Kars
        Kars 14 Jan, 19 at 10:04 am

        Lets say no porting from EB2 to EB3 , when will be final action date would be current for EB3 India?


        • Kars
          Kars 9 Feb, 19 at 10:02 am

          hi Anil, Lets say no porting from EB2 to EB3 , when will be final action date would be current for EB3 India 2010 Jan or Feb?


          • Anil Gupta
            Anil Gupta 9 Feb, 19 at 10:12 am

            Final Action date would NOT be current within next 1-2 years.
            Also, the assumption that there will be no EB2 to EB2 downgrade is NOT practical and will not show correct picture and estimation.


            • Kars
              Kars 9 Feb, 19 at 10:43 am

              This is just my hinge based on different scenario. Most of the EB2 folks are in EAD and might have been moved to different employer. Its not viable option for those as they need to start from PERM. That would be 2 years process. Only case where downgrade possible is who ever is working same original employer. So they can do courtesy EB3 downgrade to help those folks. EB3 final action date would hit Mar 2010 easily before Sep 2019.


  84. motiver
    motiver 14 Jan, 19 at 9:47 am

    My PD is June 5 2009 EB2 India. Not sure what I want to do. I am confused. I am very close yet so far. I could have my attorney move my application to EB3 and file 485 concurrently, but the lack of premium processing is killing it. Any idea how long it takes for 485 to process? Not sure what I want to do.


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 9:47 am

      Unless the ‘final Action’ date is current for either EB2 or EB3, i485 cannot be approved. So, you are better off waiting at this time if you do not want the i485 EAD and AP.


      • motiver
        motiver 14 Jan, 19 at 10:04 am

        Interesting. That’s the tough part. I guess I will hang tight. Hopefully lot of people will start downgrading and EB2 clears up. Fingers crossed. I reached out to my attorney too. We’ll see what they say.


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

          Yes, lot of people will jump the ship now. That’s normal as the same people would have jumped from EB3 to EB2 earlier too.


  85. Raja
    Raja 14 Jan, 19 at 9:47 am

    Hi Anil

    My EB-2 PERM was filed on Aug 31, 2009 with a different employer. I don’t have that original perm but have I-140 approval copy and I-485 receipt. I have changed jobs since and what is my best strategy to get GC when my PD becomes current on EB3.

    Thanks.


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

      You can file EB3 i140 and request to replace the underlying i140 from your pending i485.


      • Raja
        Raja 9 Feb, 19 at 10:02 am

        Hi Anil, thank you for the response. After reading all the responses, it looks like
        1. I can simply file a EB3 I-140 with a request to replace
        2. Expedite it with Premium processing provided I at least have a copy of the original
        3. Not wait until the PD becomes current as I already have a pending I-485
        4. If not unable to expedite, the new EB3 I-140 may take up to 6 months to approve
        5. While such a process is on going, my original I-140 will still be valid

        Thank you very much. I asked the first question here.


      • raja
        raja 9 Feb, 19 at 10:02 am

        If my downgraded I-140 and I-485 both are pending with my current employer, can I replace using my previous employer’s i-140 too provided my previous employer ready to give supplement J


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:12 am

          Yes, that’s what I had suggested earlier.


          • Raja
            Raja 9 Feb, 19 at 10:19 am

            Hi Anil, I applied my i-140 downgrade last month with concurrent i485 and its regular process. It may take more than 7 or 8 month to get the i-140 approval. There is a lot of layoff with current employer and total shutdown in few months. If my downgraded i-140 pending, is it possible to use my previous employer’s i-140 to replace it?. Does USCIS try to check if I-140 is pending for i-485 and trying to replace with old i-140 would they reject anything? Do i need to wait for 180 days to replace underlying i140 for i485?


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

              Are you the same person who asked the original question?


              • Raja
                Raja 9 Feb, 19 at 10:43 am

                Last two questions are mine.


                • Anil Gupta
                  Anil Gupta 10 Feb, 19 at 12:27 pm

                  Ok. It is important to create a new thread with your question to avoid confusion.
                  Since you replied to a question which was co-incidentally asked by someone with same name, I am not able to understand the question context.

                  To answer your question, underlying i140 can be changed for pending i485.


  86. subam
    subam 14 Jan, 19 at 9:47 am

    hi Anil,
    My priority date is Jan 2010 in EB2. I am going to apply EB3 downgrade with premium option. Also concurrently applying i-485 along with that.
    When they take a package, will they immediately set the receipt based on received date. My question is any chance my i-485 rejected(ie returned back) as no premium available for i-140.


    • subam
      subam 14 Jan, 19 at 10:04 am

      To keep my question clear.
      If uscis sees my package and if they found my EB3 downgrade premium option not available, will they just reject entire application or just they return premium check and accept all other documents as it is(EB3 I140 and i-485)


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

        They will return premium processing fees and keep the other applications.


  87. Senthil
    Senthil 14 Jan, 19 at 9:47 am

    Hi Anil,
    Thanks for your insightful write ups and answers, it helps us a lot. Here is my scenario and need your advice.
    Filed my first PERM & I-140 through Employer A and got approved, my PD is April 14 2010 through EB3.
    Currently with Employer B, ported the same PD via EB2 & I-140 approved as well.
    Given that the filing date of EB3 is April 1 2010, should I downgrade to EB3? What are the chances that the EB3 filing date will be surpass April 14 2010 (my PD) date?
    With this scenario will downgrading to EB3 seems like a faster way to get GC. please advice.


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 9:47 am

      At this time, you wait to see if the EB3 date really reaches April 14, 2010.
      I do not expect it to reach there in current fiscal year.


      • Senthil
        Senthil 14 Jan, 19 at 9:47 am

        Thanks Anil. I am currently in EB2, should I downgrade to EB3 given that the EB3 inventories up to 2010 April is much lesser than EB2?


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

          I don’t think downgrade is required for you at this time.


          • Senthil
            Senthil 9 Feb, 19 at 10:08 am

            I am looking to change employer and want to know if that would be safe to do now, since starting new PERM and I-140 and getting them approved would take around at least 1 to 1.5 years. I do not want to be in situation of not having my PERM approved while my PD is current. Should changing employment now be safer? In other words when would my PD be current?
            Sorry for too many questions.


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

              Nobody can accurately estimate the visa bulletin but I think you are pretty close.

              As per my estimate, 14 April 2010 will not be current anytime in next 1-2 year.

              So, it’s your choice if you want to move to New employer or wait.


  88. Sam
    Sam 19 Dec, 18 at 12:57 pm

    What is your EB3-I prediction for upcoming months?


    • Anil Gupta
      Anil Gupta 19 Dec, 18 at 1:00 pm

      Have not looked into the data yet. Waiting for USCIS official EB-485 data to make any calculated predictions. They are due to share it anytime.
      Without data, it would just be a speculation based on astrology 🙂


      • Sam
        Sam 19 Dec, 18 at 1:07 pm

        great, thank you for your quick reply


  89. siva
    siva 17 Dec, 18 at 5:28 pm

    Hi,
    I have EB3 – I-140 approved and recently upgraded with EB 2 – I-140 approved (date ported from EB3 to EB2). (Same Employer still) Priority Date Jul 2010
    Can i use the EB3 – I-140 to file 485 if the EB3 filling date comes for Jul 2010?


    • siva
      siva 17 Dec, 18 at 5:49 pm

      additional info for the above, Eb2 – I-140 was approved, 2 years before.


      • Anil Gupta
        Anil Gupta 17 Dec, 18 at 7:58 pm

        Yes, you can directly file i485 if the employer is still offering you the same EB3 job. You are lucky 🙂


        • siva
          siva 17 Dec, 18 at 9:57 pm

          Thanks for the update.


        • Kiran
          Kiran 14 Jan, 19 at 9:47 am

          Hi Anil,
          This is Kiran. Initially my company applied my perm and 140 under EB3 even though I qualified for Eb2. Did masters.Later compnay applied my perm and 140 under EB2 and used EB3 date. In year 2012 my priority date of 2009 June 17 th become current and applied my 485 under EB2. Received EAD and AP. Later dates wet back to 2003. Can I move to EB3? Whats happens to pending 485 application? After downgraded do I need to attend 485 interview because of new rule?


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

            At this time, there is no need to worry about dates as both EB2 and EB3 FINAL ACTION dates are still almost next to each other.
            There is no use of downgrading to EB3 in your case as you already have i485 pending EAD and AP.


  90. kiran
    kiran 17 Dec, 18 at 12:29 pm

    My eb2 PD is May 27 2009. Since the EB2 Final action dates are so close, is it prudent for me to downgrade to EB3. Please advice


    • Anil Gupta
      Anil Gupta 17 Dec, 18 at 12:33 pm

      Ya. .it’s a difficult choice to make in your situation.
      As per my analysis, the EB2 final action will only move a week at a time, if it moves at all.


      • kiran
        kiran 17 Dec, 18 at 5:18 pm

        Thanks for your reply. I am going to keep EB2 status. In worst case I may atleast get EAD soon since Date of filing application is 1 week away.


        • Anil Gupta
          Anil Gupta 17 Dec, 18 at 7:56 pm

          Ya..i would agree. But that EAD is not much helpful. You would still need to maintain your H1B status until you get Green card to keep you on the safe harbor.


  91. Ram
    Ram 16 Dec, 18 at 3:54 pm

    hi
    My current company is not doing well and its under bankruptcy protection. I have EB2 with priority date of Mar 2010 with same employer. Employer ready to support EB3 downgrade option next month as Filing date is current. I never applied EAD before.

    I have following question.

    I would downgrade to EB3 and concurrently file I-485/EAD etc. Nowadays , I-140 regular approval is taking more than 6 month for approval.
    What would happen if I leave the current employer after 180 days of my I-485 receipt notice but still underlaying EB3 I-140 is pending. If I do AC21 to new employer but still I-140 pending, what are all the issues needs to be considered? If its 180 days, is it automatically approvable when I do AC21 if its filed with proper documentation?
    Thanks
    Ram


    • Anil Gupta
      Anil Gupta 16 Dec, 18 at 4:10 pm

      If you leave while EB3 i140 is pending, the chances are high for RFE and then rejection as you would not be working for that employer.


      • Ram
        Ram 16 Dec, 18 at 4:14 pm

        Thanks. If i140/i485 pending for more than 180 days, can I do anything for I140 RFE or fate is decided based on i140 only?
        ie Does USCIS consider my case if I do AC21 after 180 days but I140 is pending ?


        • Anil Gupta
          Anil Gupta 16 Dec, 18 at 4:26 pm

          AC21 rule comes into picture only if i140 is approved.
          If you receive RFE on i140, how will you respond to it if you are not working for that employer at that time?

          Also, the chances are high that your employer would itself withdraw the pending i140 when you leave.


          • Ram
            Ram 16 Dec, 18 at 4:36 pm

            Thanks Anil. Let’s say employer does not revoke my i-140 petition as I would leave with good term with mutual understanding. If i-140 is pending for more than 180 days, in that case does USCIS would do any weightage for my AC21 with new employer’s JobDetails/Supplement J ? ie Can I do something to any I-140 REF ?


            • Anil Gupta
              Anil Gupta 17 Dec, 18 at 8:18 pm

              You should talk to an attorney about this particular scenario and if it is possible in your case.


  92. Krishnan
    Krishnan 16 Dec, 18 at 7:28 am

    Same employer upgraded from EB3 to EB2 after promotion within the same business unit / department. Is it possible to downgrade to EB3 and benefit from the faster movement in EB3?


    • Anil Gupta
      Anil Gupta 16 Dec, 18 at 7:32 am

      Yes, you can downgrade to EB3. Infact, if you are with same Employer, your EB3 i140 will still be valid.
      You can simply use it and file i485. You are in an even better position.


  93. Gopal K Panda
    Gopal K Panda 14 Dec, 18 at 4:54 pm

    My Company which filed for PERM , I-140 and 1-485 has closed long back , what should i do to downgrade from EB2 to EB3 . My Priority date is Jan 2010


    • Anil Gupta
      Anil Gupta 14 Dec, 18 at 4:55 pm

      Your current employer can file EB3 i140 using your current EB2 PERM.


  94. Satish Gotti
    Satish Gotti 14 Dec, 18 at 12:44 pm

    Anil – my EB2 PD is in Feb 2010 and i have EAD + AP (for a while now). Still employed at the same company. Given the EB3 filing dates moved past Feb ’10, should i consider EB2- EB3 downgrade? Any considerable risks?

    Thanks for taking time to respond to each question – much appreciated.


    • Anil Gupta
      Anil Gupta 14 Dec, 18 at 1:36 pm

      The only risk if you downgrade at this time is same as you are currently experiencing with EB2 pending i485 approval due to retrogressing of dates.
      It is possible that your EB3 i485 is still pending and EB3 priority date is retrogressed.


  95. Krithiga Venkatachalam
    Krithiga Venkatachalam 13 Dec, 18 at 6:16 pm

    Our PD December 2010, had approved I140 in EB3 with employer A and upgraded last year to EB2 using the same PD. Switched job to employer B and just started with GC process but in very good terms with Employer A. So, when date becomes current can I still use EB3 I140 from Employer A and file 485?


    • Anil Gupta
      Anil Gupta 13 Dec, 18 at 6:40 pm

      Yes, you can file if the employer A still has the EB3 job offer and did not wothdrew i140.


      • Krithiga Venkatachalam
        Krithiga Venkatachalam 13 Dec, 18 at 6:50 pm

        Thank you for the response. I140 is not withdrawn but will check about the job offer.


  96. VRed
    VRed 12 Dec, 18 at 3:04 pm

    Hi,
    My priority date is May 2010 and I have an EB3 I-140 approval with company A. But my company A was taken over by company B and ported my GC from EB3 to EB2, so logically speaking both my EB2 and EB3 I140 are active.
    – What is the chances of May 2010 becoming current to file for I485 ?
    – If by god grace my date comes through in the filling bulletin will i be eligible to apply I485 directly or i need to downgrade again?

    please suggest.


    • Anil Gupta
      Anil Gupta 12 Dec, 18 at 3:25 pm

      Doess company A entity still exists? and does it’s EB3 job offer still available?
      If not, then you will need to file another i140.

      Chances are good for EB3 moving to May in current fiscal year.

      Yes, you can file i485 but if company A does not exist now, you need new EB3 i140.


      • VRed
        VRed 13 Dec, 18 at 8:09 am

        Company A is acquired by company B which means all the assets and resources now belong to company B. Company A is nomore there.


        • Anil Gupta
          Anil Gupta 13 Dec, 18 at 8:13 am

          Its not that simple as you may think.
          Ask your attorney if the Company A’s ‘all interests’ were taken over by Company B including for the purpose of immigration?

          He would know a lot of details about it.
          I just mean to say that do not assume that your EB3 is still valid without verifying with your employer’s attorney.


          • Vred
            Vred 13 Dec, 18 at 8:48 am

            Thanks so much Anil for your time and valuable answers for my concerns. I will check with my company attorney.


            • Anil Gupta
              Anil Gupta 13 Dec, 18 at 9:04 am

              You are welcome. All the best and let me know if you need more help.


              • Vred
                Vred 18 Dec, 18 at 1:14 pm

                I spoke to my attorney and he confirmed that my EB3 I140 applied by company A and EB2 I4p by company B are active under company C as company C took over all the assets. What do you mean by “Is employer still offering you the same EB3 job “? If my EB3 I140 is active which means that the EB3 job position is open? Please correct me if my understanding is wrong. Thanks for your time.


                • Anil Gupta
                  Anil Gupta 18 Dec, 18 at 2:02 pm

                  Great.. You are lucky that your EB3 i140 is still available 🙂

                  When you file EB3 i485, employer has to prove that they still have the same EB3 job that they claimed in EB3 PERM. Your Green card application will be processed for that position and job. So, that job position should exist.


  97. Kuri Ram
    Kuri Ram 10 Dec, 18 at 9:42 pm

    hi,
    I had my previous I-140 with Priority date as Sep 2009 in EB2 India. On Sep 2018, my current employer applied in EB2 and its normal process & still pending status. Now my old priority date is current based on EB3 date. Is it possible to change EB2 category directly in the pending I-140 ?. Is there anyway to request USCIS to change the category without new brand new EB3 downgrade option ?

    Thanks


    • Anil Gupta
      Anil Gupta 10 Dec, 18 at 9:49 pm

      I do not think there is an option to change anything in the pending application.
      You will have to file a new i140 for EB3 downgrade.

      It is better you immediately file EB3 i140 + i485 as the date might not stay current for long. You will miss the bus.


  98. Rag
    Rag 10 Dec, 18 at 7:37 pm

    Hi
    I have eb3 with previous employer and priority date is Aug 2009.
    I have eb2 with current employer and I did eb3 downgrade and filed i485 today. Looks like downgraded i140 would take 6 month to approve. Shall I join with previous employer ASAP next month and interfile his approved i140 and join his company. Is there any issue if current employer with draws the pending i140? Please note I am going to interfile first and resign from current company.


    • Anil Gupta
      Anil Gupta 10 Dec, 18 at 7:59 pm

      You can join the precious employer with EB3 I140 already approved and it may be processed faster than your current your current EB2 to EB3 downgrade and it needs i140 to be approved first.

      If the current employer withdraws the EB3 i140, it is gone. You will have to file another one if you want to file it again.

      Each EB3 i140 is for a different job and with different employer, so, it should not be an issue.


  99. hiperm
    hiperm 7 Dec, 18 at 12:10 am

    ================
    Upgraded EB3 to EB2, Now Downgrade to EB3 again?

    You are LUCKY!

    If you had approved EB3 i140 earlier with employer A and then upgraded to EB2 with a new employer B. Now, if the employer A still has the EB-3 position and has not withdrawn the approved I-140, you can file your I485 with supplement J signed by the EB-3 employer A without filing a new I-140 and convert to EB3.

    ================

    hi
    I have i-140 in EB3 from employer A and not having good term. But still my i-140 is not with drawn. I moved to employer-B and having I-140 in EB2. My priority date is Dec 2009 in EB2. Do I need to downgrade my Employer B’s EB-2 I-140 to EB3?


    • Anil Gupta
      Anil Gupta 7 Dec, 18 at 8:22 am

      Yes, you are eligible with Dec 2009 date to file i485 in EB3. You should talk to your employer and attorney and file EB3 i140 using EB2 PERM and get green card faster.


  100. Ashwin
    Ashwin 30 Nov, 18 at 9:40 am

    Hi Anil,
    Thanks for the explanation. I have some questions:
    1. Topic “Downgrade EB2 to EB3 and then Upgrade…”. Here you mentioned about filing I485 along with I140. If you already filed I485, you will get a GC right? Then why would you want to refile I485 if later EB2 moves faster? Or are you indicating about filing date instead of final action date?
    2. Topic “File EB2 to EB3 Downgrade for Future…”. Here the only advantage is that you will have the I140 EB3 ready sooner when priority date becomes current in EB3, right? Is there an advantage in terms of getting GC faster as opposed to filing I140 and I485 together later on?
    3. In light of recent scrutinies, based on your research, do you think the EB1C filings by Indian consultancies have reduced?


    • Anil Gupta
      Anil Gupta 30 Nov, 18 at 10:43 am

      1. I am talking about the ‘Filing Date’ case. If the EB2 Final Action date is current, then there is no need to downgrade.

      2. Yes, you are right. You may get a bit of time advantage by filing the downgrade in advance as no i140 approval is needed at the time of filing.
      But, since, Indian EB3 has started moving past EB2 in last 2 visa bulleetins (Starting oct 2018), it is too early to say anything about future leads that EB3 may or may not be able to maintain.

      I would say, lets wait for another 3-4 months and you will automatically start seeing people jumping the ship based on EB3 vs EB2 movement.

      3. Indian consultancies have not really reduced filing EB1C but have been receiving hell lot of RFEs to prove the person is really an international manager. USCIS has kind of increased the scrutiny (which is actually good) for other categories like EB2.


Ask Question in forum