EB2 to EB3 Downgrade Aug 2019 India, China Green Card

Indian EB2 vs EB3 green card priority date movement. EB3 final action moves back 3.5 yr in Aug 2019 bullettin. File i485, EB2 to EB3 downgrade with approved i140.

Written by Anil Gupta
  By Anil Gupta          Updated  22 Jul, 19

  386    


EB2 to EB3 Downgrade India

EB3 retrogresses in Aug 2019 visa bulletin and EB2 is now ahead. There is no use of filing downgrade now.

EB3 India final action date 1 Jan, 06 ( -3.5 yrs ) is NOT behind EB2 date 2 May, 09 now. EB2 India moved forward by 8 days in August as compared to July bulletin whereas EB3 has seen a massive rollback.

EB1 India has stayed at 1-Jan-15 in Aug 2019 after it retrogressed from 22 Feb 17 in June USCIS notifications.

Aug 2019Date of FilingFinal Action
EB1 India1 Oct 171 Jan 15 (No change)
EB2 India1 Jun 092 Apr 09 (+8 days)
EB3 India1 Apr 101 Jan 06 (-3.5 years)

You cannot use the USCIS employment based ‘Date of Filing’ chart at this time for filing your i485 Green card application. DOS and USCIS stopped it in Feb 2019.

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.

You can check the complete Visa Bulletin with predictions for next month here.

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

In 2018, 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 Nov 2018 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.


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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. S_Kumar
    S_Kumar

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


  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)

19 more replies

  386 Useful Questions & Answers

  1. 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.

       

  2. 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.

       

  3. 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.

         

  4. 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.

       

  5. 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?

     

  6. 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.

           

  7. 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.

               

  8. 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.

       



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