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. 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


  2. 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.


  3. 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.


  4. 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.


  5. 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.


  6. 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.


  7. 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.


  8. 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.


  9. 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.


  10. 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.