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Attorney_22

I-140 Downgrade Filings

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This week, Murthy Law Firm attorneys will answer questions regarding I-140 downgrade filings.

If you have a general question, but do not wish to post it in the forum, you may reach a representative at the Murthy Law Firm via eMail. Please allow 3-to-5 business days for a response. Or, if you have case specific questions, please schedule a consultation with a Murthy Law Firm attorney.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not provide information which would identify any specific company, university or individual.

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Hello,

My PD in Feb, 2012 in EB2 from India. Filed for EB3 downgrade in Nov 2020. 

Q1 - no action (except receipt notices) on anything yet. should i move for Premium processing ?

Q2:  my child's case was rejected but was refiled. now it is in national benefit center (MSC) vs. me and my wife in Texas (SRC).. is there any concerns?    my child is 16+ yrs old. 

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We filed EB2 to EB3 I140 downgrade on Nov 10, 2020. Got receipt notice on Feb 16 2021 from Texas SC. Based on current processing time when might we get the decision on the case? 

Also, can we change the application to premium processing?

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Hello,

 

I applied for downgrade EB2 -EB3(India) in Nov’2020 (regular processing) along with I485, EAD and AP. My EB2 I140 was approved in May 2013. My I140 under EB3 is still under processing. Do you see any risk applying premium processing for my I140 under EB3 now? My priority date is Dec 28 2012 and I don’t want to miss the opportunity of my priority date becoming current under EB3 but I’m still waiting for my EB3 I-140 approval. 

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On 6/3/2021 at 10:58 PM, qualfgar said:

Hello,

My PD in Feb, 2012 in EB2 from India. Filed for EB3 downgrade in Nov 2020. 

Q1 - no action (except receipt notices) on anything yet. should i move for Premium processing ?

Q2:  my child's case was rejected but was refiled. now it is in national benefit center (MSC) vs. me and my wife in Texas (SRC).. is there any concerns?    my child is 16+ yrs old. 

You can upgrade the I-140 to premium processing if you wish. USCIS may not accept it, however, and will return the check and form to you. You can then try again in thirty days. Regarding the filing locations, provided the case was filed at the correct location at the time of filing, there should not be an issue. 

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On 6/3/2021 at 11:08 PM, psadrusa said:

We filed EB2 to EB3 I140 downgrade on Nov 10, 2020. Got receipt notice on Feb 16 2021 from Texas SC. Based on current processing time when might we get the decision on the case? 

Also, can we change the application to premium processing?

We cannot be sure what the processing times will be, generally, USCIS is very slow at the moment. But you can request to upgrade it to premium processing. 

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On 6/3/2021 at 11:41 PM, Pravat said:

Hello,

 

I applied for downgrade EB2 -EB3(India) in Nov’2020 (regular processing) along with I485, EAD and AP. My EB2 I140 was approved in May 2013. My I140 under EB3 is still under processing. Do you see any risk applying premium processing for my I140 under EB3 now? My priority date is Dec 28 2012 and I don’t want to miss the opportunity of my priority date becoming current under EB3 but I’m still waiting for my EB3 I-140 approval. 

Upgrading to premium processing should not add any additional risk. 

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My immigration attorney recommends that one should hold I-140 in only one category (either Eb2 or Eb3) and not in both. Having an I-140 in both categories is always at the risk of the courts saying this is not the true spirit of the law and can revoke it at any future date. I understand a lot of people are downgrading or planning to downgrade from Eb-2 to Eb-3 in anticipation of their PD becoming current in the upcoming Oct-21 FY (under DOF or DFA charts). Hence its imperative to know the risks involved before such steps are taken. Can someone from Murthy Law enlighten people on this area? 

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My PD is December 2014, should i downgrade to EB3 from EB2 (India) ? So do you forsee that my PD will become current under EB3? Or should i just stay put under EB2? If i downgrade should i go for premium processing or just regular processing based on the current wait times for approvals of I-140? Ofcourse i do know that i cannot downgrade now as my DOF is not under EB2 or EB3 yet.

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Hi Everyone- Per the July visa bulletin, EB3 final action date for India (Jan 2013) is now beyond my priority date of Dec 2012 from the previous filing under EB2. I had missed the opportunity to downgrade in Oct 2020. The attorneys hired by my employer (a large corp) have confirmed that they will be filing I-140 and 485 at the same time. Based on the current processing time, they think I should get my EAD and AP in 7-8 months. Is there an argument for not downgrading and waiting for my Dec 2012 EB2 date to become current? Will I be able to travel once these applications have been filed and approvals are pending over the next 7-8 months (I was planning to visit India in Aug once the COVID situation is better)?

TIA for your thoughts.

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Hello - I have submitted eb2 to eb3 on dec 30th 2020 as my PD is nov 1st 2013. So far, it got rejected and the last rejection notice that i have received is last week. Reason for first 2 times are improper filing. Don’t know the reason for last time yet and I am sure it will be same. Employer Attorneys are saying USCIS is rejecting by mistake. Wondering How will reject multiple times by mistake ? Any suggestion is much appreciated.  
 

Thanks in advance.  

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