Eb2 to eb3 downgrade denial. Haven't received any biometrics info yet.

• Eb2 to eb3 downgrade denial EB2 to EB3 Downgrade Cost. employee but failed to find the suitable one. My date is current as per Eb3 cat I have I-140 approved in EB2, priority date is 2010. I want to interfile or file new I-485 but want to change jobs before 180 days using AC21 rule. Hence, you cannot yourself downgrade your application. My Perm states Masters degree + 0 years experience as a minimum requirement. Oct 15, 2020 · EB2 TO EB3 DOWNGRADE | PROS AND CONS EXPLAINED // What are the risks, forms and timelines associated with an EB2 to EB3 downgrade? If you are stuck in the EB Jan 13, 2025 · Immigrant Petition Process. It takes about six months from the date of filing an i-140 to receive approval. Last week my I140 EB3 was denied. I485J sent to CA to request EB3 to EB2 upgrade. This MurthyDotCom article Oct 1, 2020 · One of the reasons for this is that there are more highly qualified Indian nationals applying under EB2 than before and at the same time, considering that EB3 is supposed to move slower, many applicants have been “upgrading” their case from EB2 to EB2. Dec 15, 2021 · Even then, however, there is still a chance of denial. 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. Sep 25, 2020 · With Employment Based Third Category (EB3) priority dates moving faster for India, we are frequently asked if a Beneficiary in EB-2 can downgrade and convert their immigrant petition to an EB-3 classification, so that they would be able to file their I-485 and EAD for their entire family sooner (and maybe even concurrently). Would this effect my downgrade, as I already got approved for EB2 Furthermore, for those in countries like India and China, where both EB2 and EB3 are oversubscribed, the ability to retain an old priority date becomes beneficial. Q. Can I interfile asking USCIS now to process my case under EB2 I-140 which was amended for downgrade purpose. Oct 13, 2020 · How to downgrade an approved i140 from an EB2 to an EB3 to file an adjustment of status now, using earlier Indian priority dates. The most common strategy used by most workers is porting from EB3 to EB2. Unlawful presence counted if appeal denied. Here are some Frequently Oct 20, 2020 · I m filing my downgrade EB2 to EB3 this week. This is no longer the case, however, prompting an increase in interest among Indians in EB2-to-EB3 “downgrade” filings. This allows for the EB3 category to have more space and therefore, move faster. however if the underlying PERM is challenged and revoked. Refiling has better chance of approval than MTR. I was hoping to change jobs using I-485J rule. USCIS denies pending advance parole applications (I-131) if you travel overseas. Whether demonstrating EB-2 eligibility as an advanced degree professional or as a person of exceptional ability, the petitioner must clearly describe in a straightforward manner the person’s occupation and proposed endeavor. Sep 19, 2024 · If I downgrade to EB3 now, can I later upgrade back to EB2? There is no rule that prohibits this, and based on current USCIS policy, if the original job is still available, it should be possible to make this change by filing another I-485 supplement J. If your EB-2 priority date is current in EB-3, once you downgrade, you can file an I-485 for you and your dependents, along with the Advance Parole and EAD. Watch this thread Start a new thread Add a post . EB-2 to EB-3 Downgrade Receipt. In the recent Visa bulletin we have seen EB3 has a favorable Priority Date than EB2. What will happen if USCIS denied newly filed I-140 (EB3)? can I-485 also denied? If newly filed I-140 (EB3) denied, can I used my previously approved I-140 (EB2)? Oct 3, 2020 · EB2 to EB3 downgrade denial- 3 years degree . H4 needs to get back to H4 status by travelling and re-entering using H4 visa stamp and then can then file new EB2 i485 along. Card Production Ordered: EB2 to EB3 downgrade. Mar 20, 2024 · If H1B primary is still using H1B but H4 has already used EB3 EAD for work, then: New EB2 i485: H1B can file new EB2 i485 but H4 dependent cannot. Like this thread 1 0. My I1485 and the I485J both are still pending and my old I140 (EB2) and the EAD and AP applications are still showing in approved status. This option, while convenient, could potentially run into some obstacles along the way. I heard these 2 conflicting views on it: 180 days will reset so I will have to wait another 180 days to change jobs. You need employer’s support since your non-immigrant visa which was originally sponsored by your employer. Once if I switch job to new employer and use my EAD,AP. However, EAD and advance parole for dependents will be denied. employer attempted to hire a U. The EB2 Approval will be revoked . My Dates are current in Both EB2 and EB3. Third preference petitions are filed using Form I-140, Immigrant Petition for Alien Workers. How Long Does It Take to Downgrade from EB2 to EB3? Feb 23, 2022 · For many years, the EB2 India category consistently had a cutoff date more favorable than its EB3 counterpart. However, this may involve risks, as the USCIS could reassess the entire case, including the employer’s ability to pay and the employee’s qualifications. It's better to not downgrade as interfiling your EB2 AoS application to EB3 may result in unnecessary delays. Lawyer is applying new I140 eb3 as professional which requires at least bachelors. Jan 23, 2023 · Your current employer with an approved I-140 (from EB-2) with a priority date that is current in EB-3, can downgrade your case using the same EB2 PERM and file a new I140 with the EB3 category. China Final Action EB1 0 Days, EB2 0 Days, EB3 0 Days. If you do not have a visa to re-enter the USA without AP, USCIS may also deny your pending i-485 AOS (Adjustment of status) application if you leave the USA. com Jan 23, 2023 · Your current employer with an approved I-140 (from EB-2) with a priority date that is current in EB-3, can downgrade your case using the same EB2 PERM and file a new I140 with the EB3 category. While Dec 12, 2022 · Around the same time in September, when EB2 dates got current, an interfile I485J was filed for me to change my underlying status of I485 to the EB2 I140. As per agents finger prints are being reused for 765 and were applied. Hi Shahdk, My PD is Apr 13(EB2) , I have to downgrade to EB3 and do concurrent filing along with AP, My attorney said I-140 premium while doing a concurrent filing is risky and more likely to get rejections so they filed regular on Nov 9th and did biometrics on Dec 16th. 2. Created SR on I131 and 765 based on processing times. It’s basically useless as the EB2 and EB3 dates are bound to keep chasing each Jan 24, 2025 · Examples of other instances in which the NBC may adjudicate a Form I-485 to completion include cases reopened on service motion where the denial was issued by NBC, cases associated with litigation, or other time sensitive cases. if Service Center challenges the downgraded(EB3) petition and subsequently denies it, the regulations allow for the original (EB2)petition to stand. This status allows you to access I-458 EAD and advance parole. PERM labor certification proves that the U. Importantly, the Filing Date for an EB-3 from India has advanced to January 1, 2015 from February 1, 2010 in the September 2020 Visa Bulletin, while the Filing Date for an EB-1 from India advanced to September 1, 2020 from July 1, 2018. RD 03/16/2022. And later re apply for perm to ubgrade back to EB2 My question are : a) Is it at all possible to downgrade with an approved labor filed for EB2 ? b) If at all possible to hold the priority date in case of upgrading and/or downgrading b/w EB2 and EB3 Jan 13, 2022 · I got my EAD(not used) after EB3 downgrade(in 2020). When date become current for EB3, I want to downgrade from EB2 to EB3 (I know I have to only refile I-140 and I-485 concurrent). It is possible to switch back to EB-2 if the original job remains available, and the USCIS policies allow for another I-485 Supplement J filing. My degree has year 2002 due to the last supplementary exam. 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. You can opt to hire your private attorney to file the downgrade if your employer agrees to help them with all the documents required to file an i-140 application. You can check your case status at Jul 7, 2022 · Filing an EB2 to EB3 downgrade means filing EB3 i140 and i140 can only be filed by a US employer. Oct 10, 2020 · There is no legal basis to reject EB3 downgrade as you can hold multiple i140 at the same time. e. S. Ask a Free Question To downgrade from EB2 to EB3, the applicant’s employer will have to file an I-140 Petition for Alien Worker and a PERM labor certification. Hope we don't . Staying With the Same Employer. What will happen if USCIS denied newly filed I-140 (EB3)? can I-485 also denied? If newly filed I-140 (EB3) denied, can I used my previously approved I-140 (EB2)? Oct 15, 2020 · 1. . With the EB3 category now going ahead of EB2 does it make sense for her to downgrade to EB3 - Apply for I-140 under EB3. , requiring a bachelor's - EB3, requiring a master's - EB2, with more specifics obviously) - you simply check the corresponding box as to whether or not the LC was an EB2 or EB3 on the I-140. 02/28/2022 Nov 11, 2024 · India Final Action EB1 0 Days, EB2 0 Days, EB3 0 Days. Since the EB-3 Filing Date has significantly overtaken the EB-2 Filing Date, a beneficiary of an approved EB-2 petition may want to re-file, or downgrade to EB-3. See full list on path2usa. If you are interested in filing an EB-2 to EB-3 downgrade application, please complete our EB-2 to EB-3 Downgrade Intake Form and an Ellis Porter attorney will contact you to confirm your eligibility, and discuss the steps required to retain Ellis Porter and start the process. Apr 4, 2024 · Also, because you won’t know what your cutoff dates would be for the Visa Bulletin, it’s generally advised that you should submit your I-485 at the same time as your EB2 to EB3 downgrade. Oct 5, 2020 · There are three options for those looking to downgrade their I-140: Amending the existing I-140: An I-140 amendment is a request that the USCIS reopen the EB2 case and convert the EB2 I-140 to an EB3 I-140. The answer is YES, it is possible to do so. Contact us today (408) 752-5436 Mar 6, 2024 · Advance Parole Denial #1 I-131 Denied Reason as International Travel. Jun 7, 2021 · Every month, the Department of State's Visa Bulletin determines immigrant visa (green card) availability for applicants waiting for employment-based Sep 30, 2020 · When we downgrade I-140 from EB2 to EB3 is their risk of denial? My employer is discouraging me , as they may not be able to show ability to pay or advance payroll for my file ( Due to Covid loses). Essentially, you can track the progress of your Form I-140 to see how well the processing of your downgrade is going. This is because EB-3 to EB-2 porting under the same employer can be a process that is exploited to retain employees. 1)After 6 months of I-140 approval & I-485 pending with USCIS. Source Using AC21 if leaving Feb 7, 2017 · Check out our answers to the most frequent questions about the EB-2 to EB-3 India Downgrade. I have two Questions: 1. Can I file for a EB-3 downgrade without an employer? No. Advantages of Downgrade. Sep 6, 2014 · b) If not he will re- apply i 140 downgrading to EB3 in order to hold the priority date. The USCIS will let you know about the receipt of your EB-2 to EB-3 downgrade application by keeping you updated about the submission of your new I-140. what are my options in extending the H1 VIsa? Jan 15, 2025 · Deny, as appropriate, or issue a denial without reaching the national interest waiver determination. × Please submit your thread title With the release of Visa Bulletin October 2020 and progression of priority dates for Indian nationals under EB-3 category to January 2015, EB2 to EB3 downgrade is an option worth exploring. Jan 23, 2024 · Hello Everyone, I filed my Eb2 to Eb3 downgrade recently (January 10 2024) and received my I-485J receipt on January 22nd. The USCIS will again review the EB2 I-140 and, if the amendment is approved, convert the EB2 to EB3. Got the receipt notices. Nov 22, 2011 — Eb2 to eb3 downgrade rejection Eb2 to eb3 downgrade rejection Hefty medical bills rejected by travel insurance firms. Mar 29, 2012 · I-485 Approval/Denial Date: 19 Jul 2022. My attorney put the Sep 19, 2024 · 19 Sep 2024Until relatively recently, the employment-based, second preference (EB2) category for India historically enjoyed a more favorable cutoff date in the monthly visa bulletin than its employment-based, third preference (EB3) counterpart. The EB3 category encompasses: a. Therefore, NIW cases are not eligible for this. Mar 6, 2024 · Appeal H1B denial decision within 33 days. Paul,MN. Oct 19, 2007 · The decision to be EB2/EB3 is the FIRST decision made before filing the (step 1) labor certification (i. Jul 20, 2022 · downgrade. Since October 2020, however, there has been some back-and-forth, with the EB3 India cutoff date surging ahead of EB2, then EB3 stalling and the EB2 cutoff date again passing it. As we stated above, the main benefit of the EB2 to EB3 downgrade is the pending I-458 status. However, final action dates are updated by DOL every month. Since 2012 the EAD/AP card is being renewed every 2 years. Mehta and Kaitlyn Box, Sept. Sep 25, 2020 · Since USCIS will accept I-485 filing, a new I-140 will need to be filed for an individual who, for example, wants to downgrade from EB-2 to EB-3. Downgrading from EB2 to EB3 requires a concurrent I-140 form. 314. How long does it take to downgrade eb2 to eb3? Many people wonder how long it takes to downgrade from an EB2 visa to an EB3 visa. Sep 20, 2018 · I have filed my GC in EB2 and have an approved I-140. May 19, 2020 — After rejecting some Forms I-140 that included e-certified ETA-9089s or blue ETA -9089s with electronically reproduced signatures, USCIS Oct 22, 2017 · I have I-140 approved in EB2, priority date is 2010. Haven't received any biometrics info yet. I believe it takes 6 months for approval so we would essentially be doing this preemptively in anticipation of our date becoming current under EB3 in 6+ months. But in Feb my priority date(Nov, 2012) will be current. 25, 2020 "On September 24, 2020, the Department of State released the October 2020 Visa Bulletin. AM22Tech Team Updated 11 Nov, 24. Oct 2, 2020 · Green Card Downgrade EB2 to EB3 ? Post your question and get advice from multiple lawyers. On average, it can cost a family of three around $5,000 to $8,000 to do an EB2 to EB3 downgrade, including attorney fees. Court case should be last option. Filing multiple I485s is generally not recommended either as USCIS will require you to withdraw one eventually which usually delays processing. My employment-based adjustment of status application is currently at the TSC or NSC. Date Movement I have filed for I-485,EAD,AP along with EB2 to EB3 I-140 downgrade in October 2020. Nov 11, 2020 · What if the downgrade to EB-3 is denied? If EB-3 downgrade is denied, EB-2 still remains valid. There is no need to file a new PERM for downgrading from EB2 to EB3. It is possible to switch back to EB-2 if the original job remains available, and the USCIS policies allow for another I-485 Supplement J filing. Skilled Workers: the job requires at least 2 years of experience or Mar 28, 2012 · Eb2 to EB3 Downgrade ASC st. Jun 1, 2007 · Cyrus D. My lawyer raised a red flag on this. For information on required supporting documentation and filing fees, see the Form I-140 webpage (which includes the Form I-140 instructions and information about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien I filed EB2->EB3 downgrade I-140 as amendment concurrently with my I-485 in Oct 2020 and new EB3 I-140 is also approved in May 2021. Oct 2, 2007 · My Dear friends/attorneys, Is it possible to request an EB2 to EB3 conversion after a I-140 RFE? I finished my 4-year engineering course in year 2000 and started working with the company which I got recruited. This PERM labor certification can be the same one that is already used to The EB-2 to EB-3 downgrade process is only available where PERM labor certification is required. This has led to a spike in interest in interfiling. Benefits of EB2 to EB3 Downgrade. wrjjlgiea bshyuvsf ilqal tlucts jwpap aawtjv kpzqgz ywu jahts fyaig gtgv kvqsx yefb erczm trej