Nov 2014 EB2 PD - downgrade or not?

[CBNArmy]

6 hours ago, jadugar said:

Nov 2014 EB2 PD - downgrade or not?

if downgrade is recommended, what to file, amendment or new petition for I140?

heard I140 new petitions are returned and asked to file as amendment.

Fake

[megadheera]

4 hours ago, Thantrik said:

accept ante enti bro... actually I filed mine as new, got receipt no: and still waiting its been 8 working days no update 

Did you get receipt number for 140 or 485?

[snoww]

5 hours ago, Thantrik said:

accept ante enti bro... actually I filed mine as new, got receipt no: and still waiting its been 8 working days no update 

Not sure bro. According to some trackitt users applications are not being accepted. Not sure at what stage. 

[karna11]

new or amendment anedhi how to find? lawyer forms send chesadu aa form lo find out cheyochuuu?

[snoww]

8 hours ago, CBNArmy said:

Fake

Not fake. I think few officers not interpreting rules correctly. So few applications are not accepted currenrly. Multiple sources confirmed it. 

[snoww]

1 minute ago, snoww said:

Not fake. I think few officers not interpreting rules correctly. So few applications are not accepted currenrly. Multiple sources confirmed it. 

Update 13 Oct 2020: We have heard from credible sources and AILA (American immigration lawyers association) has also confirmed that USCIS has sent the EB2 to EB3 applications back in some cases where the original EB2 PERM was not attached to the EB3 downgrade application.

Is USCIS rejecting EB3 Downgrades?

Several attorneys have emailed their clients and employers to be aware of the risk that this possesses even though it can be challenged in court if USCIS refuses the application simply because it was not filed as EB2 i140 amendment.

This is the standard approach that has been used by lawyers since 2007 for Chinese EB2 to EB3 downgrades and its not a new process at all.

Risks & Disadvantages:

If USCIS changes its long-standing interpretation of immigration policy, USCIS could reject the I-140 and AOS filings. USCIS could also accept the filing and deny the I-140 and AOS, which would result in the loss of all the filing fees.

What Should I do?

File EB2 i140 amendment or EB3 i140 downgrade? Our suggestions:

This is the standard approach that has been used by lawyers since 2007 for Chinese EB2 to EB3 downgrades and its not a new process at all.

Risks & Disadvantages:

If USCIS changes its long-standing interpretation of immigration policy, USCIS could reject the I-140 and AOS filings. USCIS could also accept the filing and deny the I-140 and AOS, which would result in the loss of all the filing fees.

What Should I do?

File EB2 i140 amendment or EB3 i140 downgrade? Our suggestions:

 

File EB2 to EB3 Downgrade (Recommended): Many people are still filing the new EB3 i140 using EB2 PERM.

• EB2 Amendment to get EB3 i140: Note that if you file an EB2 i-140 amendment, then you will need to redo the whole EB2 i140 process in the future if you want to go back. It’s basically useless as the EB2 and EB3 dates are bound to keep chasing each other.

 

[Thantrik]

6 hours ago, megadheera said:

Did you get receipt number for 140 or 485?

I did new 140 in premium and once it get approved 485 send cheyali anedi plan, first week lo chesa got 140 receipt inka 2-3 days lo update ravali...adi vacchaka 485 document pamapli with approved 140 if everything goes well hopefully.. attorney amend option cheppunde but it sounded risky so went with new to give a try

[megadheera]

9 minutes ago, Thantrik said:

I did new 140 in premium and once it get approved 485 send cheyali anedi plan, first week lo chesa got 140 receipt inka 2-3 days lo update ravali...adi vacchaka 485 document pamapli with approved 140 if everything goes well hopefully.. attorney amend option cheppunde but it sounded risky so went with new to give a try

Good. But 140 premium not possible annaru with EB2 perm

[snoww]

14 minutes ago, megadheera said:

Good. But 140 premium not possible annaru with EB2 perm

premium not possible for 140 Downgrading concurrently with 485 anukunta. 

Can apply individually for 140 and then apply for 485. But not sure if that will give you enough time for to apply before month end in case dates go back. 

Do keep in mind they changed premium processing window to 3 weeks recently. Not sure if that is in effect now yet. 

[AndhraneedSCS]

Oct 31st ki file cheste I-485, EAD eppudu istaru? April 30th ki chetilo untada?

 

 

[snoww]

Just now, AndhraneedSCS said:

Oct 31st ki file cheste I-485, EAD eppudu istaru? April 30th ki chetilo untada?

 

 

Nothing guaranteed. Will depend on uscis processing capacity. 

[AndhraneedSCS]

1 minute ago, snoww said:

Nothing guaranteed. Will depend on uscis processing capacity. 

Oka 1 year lo ayithe vastadi ga.. adi kuda doubte na?

[Thantrik]

5 minutes ago, snoww said:

premium not possible for 140 Downgrading concurrently with 485 anukunta. 

Can apply individually for 140 and then apply for 485. But not sure if that will give you enough time for to apply before month end in case dates go back. 

140 new ki premium poss thats what I did, but for new its too late oct 1-2 antha vellali packet so that by 16-20 update vacchesthundi kani most safe bet ani ala chesa...if new doesnt go through 20 or 21 ala 140 downgrade and 485 concurrent cheyali ani plan hopefully 10 days is good, attorney contact chala kastam ayyindhi first lo inka naku telisindhi edo chesa 

[snoww]

Just now, AndhraneedSCS said:

Oka 1 year lo ayithe vastadi ga.. adi kuda doubte na?

Valla ishtam. No rules around it. They can take as much time as they want. 

[snoww]

1 minute ago, Thantrik said:

140 new ki premium poss thats what I did, but for new its too late oct 1-2 antha vellali packet so that by 16-20 update vacchesthundi kani most safe bet ani ala chesa...if new doesnt go through 20 or 21 ala 140 downgrade and 485 concurrent cheyali ani plan hopefully 10 days is good, attorney contact chala kastam ayyindhi first lo inka naku telisindhi edo chesa 

All the best.