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  4 Feb, 20

  392    


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.


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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. 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

  392 Useful Questions & Answers

  1. 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!


  2. 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.


  3. 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/


  4. 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.


  5. 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.


  6. 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.


  7. 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.


  8. 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.


  9. 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.


  10. 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.