Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
Attorney_22

EB2 and EB3 Upgrades/Downgrades

Recommended Posts

This week, Murthy Law Firm attorneys will answer questions regarding EB2 and EB3 upgrades and downgrades.   

 

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.

Share this post


Link to post
Share on other sites

Hello, I am on EB2-I with a Dec-2009 priority date. I have been looking at various forums and discussions that say EB3 is going to move forward for the next few months creating a backlog for the EB2 category. Should I downgrade myself to an EB3? Please suggest.

Share this post


Link to post
Share on other sites

I have approved PERM and i140 copy under EB2 category  with an employer. I am planning to join fulltime to US based organization, where they want to file i140 on EB3, though i have 13yrs of genuine work experience along with 4yr degree. Just in case of EB2 dates for i485 gets current in future, would i be able to use my old PERM and old i140 to apply for i485? What kind of options i would have at that time, please let me know and thank you

Share this post


Link to post
Share on other sites

I’m currently on eb2 with 2014 priority date. Since my eb2 application my role has moved to more of an executive role ( VP level) and I manage people overseas (in the Indian counterpart of our company) as part of my role but I do that while living in US and working for my company on h1b.  Does this qualify me to upgrade to eb1 while continuing to live and work from US on h1b? If yes what would be the process ? If not, what steps do I need to take to become eligible ? 

Please respond. Thank you !!

 

 

Edited by Nav555r
Forgot to add a sentence and accidentally hit enter.

Share this post


Link to post
Share on other sites
13 hours ago, Attorney_22 said:

This week, Murthy Law Firm attorneys will answer questions regarding EB2 and EB3 upgrades and downgrades.   

 

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.

I have filed my GC in EB2 and have an approved I-140. In the recent Visa bulletin we have seen EB3 has a favorable Priority Date than EB2. Considering this do you suggest to downgrade my GC from EB2 to EB3, hoping the trend for EB3 PD continues to favor since there seems to be more number of EB2 applicants than EB3.

or do you think this trend is temporary and thatEB2 will have a favorable PDs in the coming months. 

Share this post


Link to post
Share on other sites

I've been with the same employer since 2006. They filed my perm in the EB3 category with a priority date of Sept 2009. After years of waiting, I upgraded my perm to EB2 two years back. I recently checked from the USCIS website and my EB2 I140 is  valid. Caveat here is that I took a promotion recently, the job family is still the same but I'm just managing a team with the same responsibility. After the Oct 2018 bulletin where EB3 Filing date moved ahead to Oct 1st 2009, I approached my law firm and HR of my company and they are willing to downgrade my application to EB3. My lawyers do not recommend using the EB3 I-140 that was approved many years ago, unless that job role is still valid. Instead they will be refiling a new I-140 petition based on my EB-2 PERM, but in the EB-3 category. Doing this will help me obtain a EAD after being on a H1B for 13+ years. 

Wanted to take a second opinion with with a reputable law firm as Murthy, if this is a good way to move forward. I do understand that the Final Action Date for EB3 is still behind EB2 and we don't have an insight into what will happen in the coming bulletins. But the key thing is that I can apply for AOS and get a EAD. Both my wife's and my H1B will be due for renewal next year and we are tired of these endless renewals and visa stampings during our India visit - I'm sure many out here are on a similar boat so I won't dwell into this further.

 

Thank you. 

 

 

Share this post


Link to post
Share on other sites

What happens to my approved EB2 I-140 from my current employer if my new downgraded EB3 I-140 petition is denied.
Can I also file another corrected EB3 I-140 if I receive a RFE or denial for my downgraded (EB3 I-140) petition.
Is my approved EB2 I-140 is still valid and can be used for future I-485 if needed?

Share this post


Link to post
Share on other sites

Hello,

Originally filled for Labor/I40 in Eb3 from Employer A. Have an approved labor and I-140 of Sept-2009.

Currently, with Employer B, have approved Labor and I140 of Eb2.

What are my options?

Share this post


Link to post
Share on other sites

Hello,

My Priority Date is Sept-2009.

I have an approve Labor which was approved in july-2018. I am within the 180 days of labor approval.

I also have an approved I-140 which was approved in premium in august-2018. 

1) Can i file new I-140 in Eb3 with Concurrent I-485 on October-1st, since I am within 180 days of Labor approval

2) what happens if new I-140 in Eb3 is rejected?

3) What happens if I get EAD based on new Eb3 category and Eb2 moves faster? am i eligible to move back to Eb2. My first priority is to get EAD and AP so that traveling outside USA is easy.

4)  I have already moved from Eb3 to Eb2 once? How many times does this upgrade/downgrade is allowed? can i go from Eb2toeb3 and then go from eb3 to eb2 again after I-485 is filled? Can upgrade/Downgrade be done after filling I-1485 too? or it can only be done before filling I-485?

5) If i got I-485 filled in Eb3, do i get to port to Eb2 again if needed or I am stuck with Eb3?

Share this post


Link to post
Share on other sites
On ‎9‎/‎20‎/‎2018 at 10:42 PM, SJOSYAM said:

Hello, I am on EB2-I with a Dec-2009 priority date. I have been looking at various forums and discussions that say EB3 is going to move forward for the next few months creating a backlog for the EB2 category. Should I downgrade myself to an EB3? Please suggest.

Take a look at the attached article which includes what the DOS expects to see in the coming months: https://www.murthy.com/2018/09/21/october-2018-visa-bulletin-check-in-unwelcome-news-for-eb1-india-and-china/

Share this post


Link to post
Share on other sites
On ‎9‎/‎21‎/‎2018 at 4:53 PM, ram2019 said:

My child age is currently frozen under the child protection act based on I140 in EB2.  If I downgrade to EB3, would the protection still be applied?

I recommend calling into our office to discuss your personal circumstance.

Share this post


Link to post
Share on other sites
On ‎9‎/‎20‎/‎2018 at 11:49 PM, ksiva887 said:

I completed my masters and have approved i140 in EB2. Am I eligible to downgrade from EB2 to EB3 in near future if EB3 India Priority date is ahead of EB2 India

Yes, you may be able to. However, before making that decision I recommend discussing it with an experienced U.S. immigration attorney.

Share this post


Link to post
Share on other sites
On ‎9‎/‎21‎/‎2018 at 12:14 AM, Brarcs said:

If someone upgraded from EB3 to EB2 from same employer then in this case he/she can use any PD whoever come first OR have to apply only in EB2 for I-485?

It depends on whether or not the original EB3 offer is still available. To discuss this in detail, feel free to schedule a call with one of our attorneys.

Share this post


Link to post
Share on other sites
On ‎9‎/‎21‎/‎2018 at 5:10 AM, Bnj said:

I have approved PERM and i140 copy under EB2 category  with an employer. I am planning to join fulltime to US based organization, where they want to file i140 on EB3, though i have 13yrs of genuine work experience along with 4yr degree. Just in case of EB2 dates for i485 gets current in future, would i be able to use my old PERM and old i140 to apply for i485? What kind of options i would have at that time, please let me know and thank you

This would be possible if the EB2 offer was still valid and you intended to accept that position.

Share this post


Link to post
Share on other sites
On ‎9‎/‎21‎/‎2018 at 7:40 AM, Morehill said:

I've been with the same employer since 2006. They filed my perm in the EB3 category with a priority date of Sept 2009. After years of waiting, I upgraded my perm to EB2 two years back. I recently checked from the USCIS website and my EB2 I140 is  valid. Caveat here is that I took a promotion recently, the job family is still the same but I'm just managing a team with the same responsibility. After the Oct 2018 bulletin where EB3 Filing date moved ahead to Oct 1st 2009, I approached my law firm and HR of my company and they are willing to downgrade my application to EB3. My lawyers do not recommend using the EB3 I-140 that was approved many years ago, unless that job role is still valid. Instead they will be refiling a new I-140 petition based on my EB-2 PERM, but in the EB-3 category. Doing this will help me obtain a EAD after being on a H1B for 13+ years. 

Wanted to take a second opinion with with a reputable law firm as Murthy, if this is a good way to move forward. I do understand that the Final Action Date for EB3 is still behind EB2 and we don't have an insight into what will happen in the coming bulletins. But the key thing is that I can apply for AOS and get a EAD. Both my wife's and my H1B will be due for renewal next year and we are tired of these endless renewals and visa stampings during our India visit - I'm sure many out here are on a similar boat so I won't dwell into this further.

 

Thank you. 

 

 

Call our office to discuss your personal circumstance and options.

Share this post


Link to post
Share on other sites

If I have to Downgrade from EB3 to EB2, Do I have to file the PERM/i140 again or it's just a matter of submitting a new application to adjust the EB2 status to EB3? Also If I downgrade, do I still keep both the EB2 and new EB3 status, or just the latest one?

Edited by Harsh Chauhan
missed a word

Share this post


Link to post
Share on other sites

Hello,

I have I 140 approved for Dec 2010 PD in EB2. Now I am currently working on H4 EAD since a year.

In order for me to get on EB3, what are my options if I don't find an employer willing to transfer my H1B and start processing my GC?

Is it necessary for me to be on H1B to start GC processing? Do I need to change employers?

Thanks!

 

Share this post


Link to post
Share on other sites

Hi,
I have EB3 - I-140 approved and recently upgraded to EB 2 - I-140 approved (date ported from EB3 to EB2). (Same Employer still) Priority Date Jul 2010
Can i use the EB3 - I-140 to file 485 if the EB3 filling date comes for Jul 2010?

Share this post


Link to post
Share on other sites
15 hours ago, raja_ said:

Hi,
I have EB3 - I-140 approved and recently upgraded to EB 2 - I-140 approved (date ported from EB3 to EB2). (Same Employer still) Priority Date Jul 2010
Can i use the EB3 - I-140 to file 485 if the EB3 filling date comes for Jul 2010?

I am in the same boat. I have an EB3 and EB2 from the same employer. Priority date Jul 2010.  Can i use EB-3?

Share this post


Link to post
Share on other sites
1 hour ago, abhi_2017 said:

I am in the same boat. I have an EB3 and EB2 from the same employer. Priority date Jul 2010.  Can i use EB-3?

Exact same question -  in April 2011- Initiated by GC in  EB3 , I-140 approved, After two year upgraded to EB 2 - I-140 approved with same Priority Date.
Can I use the EB3 - I-140 to file 485 if the EB3 Date become current ?

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.

×