EB2 to EB3 downgrade - emp says no :(

[nokia123]

8 hours ago, Coolie123 said:

If you are not using ead and advance parole in eb3 then you can apply through eb2 if it is current.

Inka downgrading chesudu endhuku ead use cheyyanappudu?

[Coolie123]

34 minutes ago, nokia123 said:

Inka downgrading chesudu endhuku ead use cheyyanappudu?

Just for backup if any issues with h1 extensions and stamping. If you wish to use ead you can but not possible to go back to eb2 if it is current.

[Maryadaramanna]

This looks like  a scam, don't fall for the downgrade. There would be a appreciable move in eb2 soon. future lo malli EB2 ki ravali anthe inka assam.

[Common Man]

Received this Whatsapp forward, not sure how much of it is true. Anyone here know about this?

 

There have been new developments regarding the I-140 EB-3 downgrades.  Information received by other immigration practitioners yesterday and today indicates that the USCIS is denying EB-3 “downgrade” petitions if the “new” petition box on the I-140 form is checked.  It therefore appears appropriate to check the “amended” petition box on this form if an EB-3 downgrade is requested.  We have done many of these downgrade cases in the past without an issue, and this seems to be a new position on the part of USCIS.  By selecting the “amended” petition box should ensure that the petition is not denied on this basis, but it creates the possibility that the USCIS will consider the original I-140 EB-2 petition to be amended and will require the filing of a third petition to reinstate the EB-2 classification.  Depending on future cut-off date movement, it may be advantageous for you to be classified in the EB-2 category once again, and we would like to make you aware of the fact that, if you chose to “upgrade” to the EB-2 category down the line, the filing of an amended I-140 petition/third petition may be necessary.

[snoww]

12 minutes ago, Common Man said:

Received this Whatsapp forward, not sure how much of it is true. Anyone here know about this?

 

There have been new developments regarding the I-140 EB-3 downgrades.  Information received by other immigration practitioners yesterday and today indicates that the USCIS is denying EB-3 “downgrade” petitions if the “new” petition box on the I-140 form is checked.  It therefore appears appropriate to check the “amended” petition box on this form if an EB-3 downgrade is requested.  We have done many of these downgrade cases in the past without an issue, and this seems to be a new position on the part of USCIS.  By selecting the “amended” petition box should ensure that the petition is not denied on this basis, but it creates the possibility that the USCIS will consider the original I-140 EB-2 petition to be amended and will require the filing of a third petition to reinstate the EB-2 classification.  Depending on future cut-off date movement, it may be advantageous for you to be classified in the EB-2 category once again, and we would like to make you aware of the fact that, if you chose to “upgrade” to the EB-2 category down the line, the filing of an amended I-140 petition/third petition may be necessary.

Some attorney would have tweeted about this. I would wait for some attorney to confirm this. 

[Maryadaramanna]

janaalaki baaga avesham ekkuvayyindi