EB2 to EB3 Downgrade for Faster Green Card – India, China

Anil Gupta  16 Jan, 19      108  Featured

EB2 to EB3 Downgrade India

EB3 India final action date (22 Apr 09) has passed EB2 final action date (6 Apr 09) by 16 days in Feb 2019 Visa Bulletin!

Feb 2019EB1EB2EB3
Date of Filing 1 Oct 1722 May 091 Apr 10 
Final Action 8 Feb 176 Apr 0922 Apr 09

On the other hand, EB3 India has maintained lead of 12+ months over EB2 India Green Card priority date in Feb 2019 (check Jan 2019 here)Date of filing of employment based‘ chart.

Date of filing chart dates have seen ‘No change’ in Feb 2019 compared to Jan 2019 Visa bulletin.

People usually start jumping from higher category (EB2) to lower category (EB3) when they see an opportunity to get green card faster in the lower category than their current one. This has happened with China in past and Now India is gearing up for it.

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.

EB2 to 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.

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.

How Long Does it take to Downgrade EB2 to EB3

Since, Premium processing is not available, the i140 approval processing will take 6 months (varies with current i140 processing time).

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.

Downgrade EB2 to EB3, then Upgrade again to EB2 later?

Example: 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.

EB2 vs EB3 India race to green card
Indian EB2 vs EB3 race to green card

February 2019 Final Action dates

The EB3 Indian Final Action dates are not too far behind EB2 India either. With this speed, EB3 may just win the race by the end of 2018-19 GC season!

 

CategoryEB1EB2EB3
India (Compare with Jan’ 19 dates)1 Dec 16 -> 8 Feb 17(+2 months)1 Apr 09 -> 6 Apr 09 (+6 days)1 Mar 09 -> 22 Apr 09 (+2 months)
China8 Feb 171 Oct 151 Jul 15
Mexico1 Dec 17CC
PHILIPPINES1 Dec 17C1 Aug 17
OTHER1 Dec 17CC

January 2019 Final Action dates

The EB3 Indian Final Action dates are not too far behind EB2 India either. With this speed, EB3 may just win the race by the end of 2018-19 GC season!

CategoryEB1EB2EB3
India (Compare with Dec’ 18 dates)1 Dec 16 (+3.5 months)1 Apr 09 (+0 days)1 Mar 09 (+0 days)
Mexico1 Jul 17CC
PHILIPPINES1 July 17C15 Jun 17
OTHER1 Jul 17CC