Porting to Eb3 FAQ's

[ambothu]

How Exactly Does the EB-2 to EB-3 Downgrade Work?

In our experience, most if not all, PERM Labor Certifications which have been used in support of an EB-2 petition can be used to support an EB-3 petition by the same employer and for the same position.  In this situation the downgrade process involves the submission of a new I-140 petition filing with USCIS using the prior PERM Labor Certification.

USCIS specifically allows the use of a prior (and by now, likely expired) PERM Labor Certification if the same Labor Certification has been used in support of an I-140 during its initial 180-day validity term (which should be the case if the earlier EB-2 I-140 was approved).  This way the same employer would be able to file a new I-140 petition, under the EB-3 category, by relying on the previously-used PERM Labor Certification and without having to do a new PERM Labor Certification.

Furthermore, normally, USCIS does not allow premium processing where the I-140 petition is being filed without an “original” (blue paper) PERM Labor Certification; however, there is a limited exception which would allow requesting premium processing for I-140s filed without an original PERM Labor Certification if the new I-140 is being filed with the same service center as the prior I-140.

When the new EB-3 I-140 petition is approved and the EB-3 priority date is current, the applicant can then file a Form I-485, Application to Adjust States, together with the companion EAD work permit and advance parole travel applications.

What Are the Risks and Downsides?

The EB-3 downgrade process requires the employer to submit another I-140 petition with its associated fees.  We should also caution that we have seen instances where the newly-downgraded EB-3 priority date did not become current and the applicant was ultimately unable to file I-485 immediately after the downgrade took place.

Going through an EB-3 downgrade process does not automatically invalidate the prior EB-2 petition so in the event the EB-3 downgrade is not successful (such as the EB-3 I-140 is denied, for some reason, or withdrawn), as a general matter, the EB-2 petition remains unaffected.

[LungiLingaraju]

Lawyer ni adgali em antado... Pedha companies chesi sastayoo chudali 

[Picheshwar]

2 minutes ago, LungiLingaraju said:

Lawyer ni adgali em antado... Pedha companies chesi sastayoo chudali 

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