OCT 2020 BULLETIN OUT - RAPID MOVEMENT EXPECTED IN COMING MONTHS - USCIS ALLOWS FILING DATES AGAIN

[JambaKrantu]

3 minutes ago, reality said:

You mean porting and filing EAD together? 

yes. Porting and filing together..

[reality]

10 minutes ago, JambaKrantu said:

yes. Porting and filing together..

Yes, concurrent filing is possible only for 485, not for EAD.

[nag_mama]

EB2 to EB3 Downgrade Process, Risks (Fast Green Card)

Indian EB2 vs EB3 green card priority date movement. Date of filing chart may be available for use in 2021. File i485, EB2 to EB3 downgrade with approved i140.

  By Am22tech    Updated  24 Sep, 20

 

EB2 vs EB3 India race to green card

 

EB2 to EB3 downgrade process is simple.

My suggestions:

• File downgrade if your EB2 PD date is current in the EB3 ‘Final action‘ chart.
• Better to wait if the EB2 date is current in the EB3 ‘Date of Filing’ chart.

You can get green cards faster in the EB3 category if your EB2 PD date is current in EB3. Check the current visa bulletin here.

 

Oct visa bulletin – Indian queues move ahead

This has happened with China in the past and now with India.

Here is the i485 filing checklist for employment based green card.

This article will discuss:

• EB2 to EB3 Downgrade Process
  • #1 Same Employer
  • #2 Different Employer
  • Premium Processing for Downgrade
  • i140 Processing Time
• FAQ
• Indian EB2 vs EB3 – i485 Pending Applications

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 for EB3 downgrade.

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

#1 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 the date of the 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.

#2 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.

Premium Processing for Downgrade

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 the 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.

i140 Processing Time

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

[godfather03]

Endi idi EB3 direct 2015 ki moved aa??

[JambaKrantu]

Copied from Trackitt

They did not honor the filing date for Sep 2020. This is the note they had - "For Employment-Based Preference Filings: 
For all employment-based preference categories, you must use the Final Action Dates chart in the Department of State Visa Bulletin for September 2020." 

They haven't released the info for October 2020. Considering that the DoF has moved to 2015 for EB3, I very highly doubt they will honor the date of filing. But, who knows? We'll have to wait..

[tacobell fan]

2 minutes ago, nag_mama said:

My suggestions:

• File downgrade if your EB2 PD date is current in the EB3 ‘Final action‘ chart.
• Better to wait if the EB2 date is current in the EB3 ‘Date of Filing’ chart.

You can get green cards faster in the EB3 category if your EB2 PD date is current in EB3. Check the current visa bulletin here.

Bulletin suggested what is going to come in coming months and it's way too early to decide if you need to downgrade. Until Jan 2021, they continue to move as per the Bulletin, not my theory or anyone's theory. So just give it some time.

[keviinusa]

53 minutes ago, jefferson1 said:

na PD 2010 Dec, ante nenu apply cheskovocha EAD ki ippudu?

congrats ankul

[fasak_vachadu]

46 minutes ago, JambaKrantu said:

Bro So EB2 vallu EB3 ki downgrade ayyi same time concurrent filing chesi EAD apply cheyyalera?

Telidu checking pros and cons ento chudali and employer are willing to do kada 

so ade Naa badha just looking options now 

e 10yrs waiting sudalekhapotunnamm

ippudu manam downgrade cheyakandi pothe malli never ever emo ani 

let’s see will go with gorrella manda 

[former]

Date of filing ipude use cheyyalemu. 

www.uscis.gov/visabulletininfo - ee website October 2020 ki update avali. Ee web page Oct 2020 ki Date of filing use cheyyochu ante apudu apply chesukovachhu. 

Porting chese vallu use EB3 Final Action date chart

[siru]

1 hour ago, former said:

Lawyer ipude email chesadu. One week lo vachhindi ani cheppadu.

em vachindi 1 week lo? 

[tacobell fan]

Just now, siru said:

em vachindi 1 week lo? 

Final Action Chart

[former]

1 minute ago, siru said:

em vachindi 1 week lo? 

Weather which chart we need to use to apply I-485.

Sep 2020 ki ayithe Final Action Date chart use cheyali filing ki

[Allarinaresh10]

54 minutes ago, JambaKrantu said:

yes. Porting and filing together..

Downgrading from EB2 -> EB3 ... PERM kuda file cheyya uncle ? 

[tacobell fan]

Just now, Allarinaresh10 said:

Downgrading from EB2 -> EB3 ... PERM kuda file cheyya uncle ? 

if you are with same employer, just I-140 is enough I guess.

[jefferson1]

25 minutes ago, keviinusa said:

congrats ankul

last time laga re-trogress kaka pothe i am lucky