why some companies lawyer downgrade from eb2 to eb3

Can I downgrade from EB-2 to EB-3?

Mar 16, 2022 · 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. 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. This is contradictory among attorneys.

Can I use EB2 Perm for Eb3 downgrade?

Aug 05, 2021 · Simply put, a downgrade case is where the employer files an I-140 petition in the EB3 category based on a PERM labor certification (PERM LC) approved for a position that qualifies under the EB2 category (i.e., a position that requires at least a master’s degree or a bachelor’s degree plus five years of progressive work experience).

Can I file EB2 to Eb3 without filing an I-140?

Jun 06, 2021 · EB2 to EB3 Conversion and Filing I-485 Concurrently 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 …

Can I file an I-485 adjustment of status with an Eb3 downgrade?

Is it worth downgrading from EB2 to EB3?

The only primary benefit of doing an EB2 to EB3 downgrade is to get the status of pending i-485. This pending i-485 status gives you access to i-485 EAD and 'Advance parole'.

What are the risks of downgrading EB2 to EB3?

The inherent risk in downgrading your petition from EB2 to EB3 is that your priority date is now for EB3 only. For example, if your I-485 case is pending in the EB3 category and the priority dates retrogress, your case will be pending for based on the EB3 priority dates.Sep 25, 2020

How much does it cost to downgrade from EB2 to EB3?

around $5,000 to $8,000On average, it can cost a family of three around $5,000 to $8,000 to do an EB2 to EB3 downgrade, including attorney fees. While the main benefit of an EB2 to EB3 downgrade is for the I-485 EAD, it doesn't mean you should abandon your EB2 application.Mar 16, 2022

How long does it take to downgrade from EB2 to EB3?

6 monthsYour employer must submit the premium processing request with the original PERM approval attached. They can find the original from the previous PERM file. Generally, the EB2 to EB3 downgrade premium processing time takes at least 6 months, if not longer.Dec 15, 2021

Will EB3 India move forward in 2021?

In November, the “cut off” date for visa eligibility retrogressed (moved backward in time) for people born in India who are in the employment-based (EB) third preference category for skilled workers, professionals, and “other workers.” The Department of State (DOS) does not expect any forward movement for the India EB- ...Nov 5, 2021

Can we upgrade from EB3 to EB2 after downgrade?

Once i downgrade EB2 to EB3, can i upgrade EB3 to EB2? If EB2 Final Action dates become current, EB3 to EB2 upgrade can be achieved by requesting USCIS to consider the application under EB2 category. This process is also referred as EB3 to EB2 interfiling.

Is EB3 moving faster than EB2?

Because EB2 ROW demand is high EB2 India will get no spillovers from there. But EB3 India will get spillovers from ROW. That is why in FY 2017, EB3 got more green cards than EB2. So in the future, EB3 will start moving faster and people in the EB2 wait list might downgrade to EB3 as it will be faster.Mar 25, 2018

Will EB2 India move forward in 2021?

Our algorithm is still projecting a forward movement in both EB2 and EB3 India with the spillover in Oct 2021. This means that visa bulletin should see movement forward upto 2014 after April 2022 unless USCIS decides to waste a large number of Green cards.Mar 16, 2022

Which is better EB2 or EB3?

Both are employment-based visas. However, the EB2 visa is the second-preference employment visa and the EB3 visa is the third-preference employment visa. This means that EB2 visas are slightly preferred over EB3 visas. EB2 visas make up 28.7% of approved employment-based visas.

Can I Interfile EB3 to EB2?

If an applicant has a pending I-485 petition based on EB-3 employment and subsequently gains employment that falls under the EB-2 category (upon which the employer will file an I-140 petition based on such employment), he or she may interfile to change the underlying category from EB-3 to EB-2.

What is a downgrade case?

Simply put, a downgrade case is where the employer files an I-140 petition in the EB3 category based on a PERM labor certification (PERM LC) approved for a position that qualifies under the EB2 category (i.e., a position that requires at least a master’s degree or a bachelor’s degree plus five years of progressive work experience).

What is the USCIS policy on downgrade cases?

The U.S. Citizenship and Immigration Services (USCIS) does not appear to have a formal policy on downgrade filings. However, there is no law or regulation that prohibits such filings.

Can I file an I-485 application concurrently with my I-140 downgrade petition?

If the priority date is current under the EB3 category and the individual is in the U.S. in valid status, it typically is possible to file the I-485 adjustment of status application concurrently with the downgrade case.

I filed an I-485 application based on my EB2 I-140. Can I still file a downgrade case?

Generally, the fact that the I-485 is pending based on an I-140 approved in the EB2 category would not prevent the employer from filing an I-140 downgrade petition on behalf of the same employee. The employer could request the USCIS to interfile the I-140 petition with the pending I-485 application.

Do I need a new PERM LC to downgrade from EB2 to EB3 with the same employer?

Generally, a new PERM LC is not normally needed in a downgrade situation.

Can I file a downgrade case using the PERM LC filed by my previous employer?

No, with very limited exceptions, only the employer that filed the PERM LC may use it for purposes of filing an I-140 petition.

Last year, I filed an I-485 application based on my EB2 I-140

Generally, if the I-485 has been pending for at least 180 days, one normally can port to a same-or-similar position. The I-140 downgrade case in and of itself would not normally impact eligibility for AC21 portability.

What is the benefit of downgrading from EB2 to EB3?

The only primary benefit of doing an EB2 to EB3 downgrade is to get the status of pending i-485. This pending i-485 status gives you access to i-485 EAD and an advance parole.

Can I file an immigrant visa from outside the US?

You cannot file the immigrant visa or i-485 from outside the USA though. Many people are currently stuck outside the USA due to the travel ban. You can file an immigrant visa application using form DS-260 with the US embassy only if your priority date has become current in the ‘Final action’ chart.

Can I file an i-485 in EB2?

To file the i-485 in EB2 if the date gets current earlier than EB3, you will not be able to prove any underlying status which actually means any H1B or L visa status if you have already started using EAD.

Table of Contents

A Background on Priority Dates

EB-2 to EB-3 India Downgrade Step-By-Step Process