How does Oct 2020 visa bullet-in impact me
After back and forth with the acceptance dates, USCIS is finally accepting filing dates for Employment based visas. It is a great news for lot of immigrants especially Indians who are stuck in visa limbo for many years.
U.S. Department of State (DOS) forecast lesser demand for EB3 compared to EB2 and moved EB3 filing dates to Jan 1st 2015 vs EB2 filing date of May 15th 2011. Also good news is that DOS predicting rapid forward movement in final action dates due to additional 120k family based spillover.
Based on this information should I downgrade to EB3 if my priority date is after May 15th 2011?
Before I make the decision I should analyze the demand and available green cards
Total Indian EB2 applications are 4.5 times the EB3 applications and the applications increase starting 2012. Therefore it makes sense for anyone who is not eligible for EAD should consider downgrading to EB-3 and file I485.
If I am 2013 application will I get Green Card faster by filing I485 in EB-3?
It depends on the number of immigrants downgrade to EB-3. If we look at the history EB-3 China saw a rapid forward movement initially in filing dates and when lot of Chinese immigrants downgraded to EB-3 then EB-2 and EB-3 started moving together.
If I have both EB-3 and EB-2 should I file EB-2 or EB-3?
Based on the future demand data and China date movement you should file EB-3
What if my priority date is second half of 2012 and my I-140 was filed in EB-2?
Should wait for Nov bullet-in that will be published between Oct 15th and Oct 20th and make a decision if you should downgrade to EB-3 or move forward with EB-2.
Can I file I485 if I am outside the country?
You need to be inside U.S. to file I485.
If I file EB-2 now can I change it to EB-3 in future if FAD are moving forward?
Yes you can interfile in EB-3 in future
If I changed my employer and new employer did not file PERM can I still file I485?
Yes if old employer is wiling to provide future employment and provide 485j form.
My PERM was refiled but I-140 is still in process what should I do?
You can convert it to premium anytime after filing.
Should I maintain H-1B after filing I-485?
Recommend to maintain H-1B so that you are minimizing risk from any I485 issues.
Are Physicals necessary to file with I485?
Physicals are not needed when filing I485. Since physicals are valid for 2 years only and if your priority date is after 2012 there is a good chance you will not get Green Card in the next 2 years requiring to do one more physicals.
If physicals are not submitted will there be any impact to EAD?
No impact. RFE will be issued before interview and you can carry it physically to the interview.
Benefits of I485 EAD vs H4 EAD?
Biggest benefit is that with I485 EAD you can work for 180 days even when your EAD extension is in process.
Can I change my employer after I485 EAD?
You can change employer after 180 days but new role responsibilities should match the GC responsibilities.
Disclaimer: This is not a legal recommendation but has experience with immigration matters for 15+ years.
nice analysis. thank you..
ReplyDeleteI am on EB3 with EB2's switching to EB3 how it going to impact my position...
ReplyDeleteCould delay FAD movement and your GC
DeleteMy PD is Dec 2014. even if I apply my i485 and i765 before end of October , will there be impact on my application processing due to EB2 to EB3 movement.?
DeleteWhat do you mean by "You can change employer after 180 days"? Is it 180 days after filling 485 or 180 days after receiving 485 EAD? Please confirm
ReplyDeleteAfter 180 days of filing (receipt date)
DeleteWhat happens if i lose my job after filing i485 before the 180day period ? Will I be able to keep the prior Priority date and restart gc process when i start working for new employer ?
ReplyDeleteYes if I140 approved was for more than 6 months
Deletehow long would it take to get gc for eb3 if the pd is 2014 ?
ReplyDeleteDepends on the EB3 downgrades and how fast USCIS will approve the GCs
DeleteHello,
ReplyDeleteMy EB-3 date is Dec-2011. Then I have upgraded my status to EB-2 with same Employer with same PD. so technically my current employer has both(EB-2 & 3) I-140.
My question is :
Can I directly file for I-485 on old EB-3 I-140 OR I have to downgrade and file on EB-3?
If the same PERM was used, you no longer have Eb3 Valid. If a different PERM was used, then yes you have that option.
DeleteThanks for the reply Ashish. I think I have new PERM for EB2 so as per your comment, I think my company can directly file EB3 without downgrading it. Do you know any good source where I can find information you mentioned. Thank you
DeleteAfter filing 485, If I lost the job, Do I have an option to start a business instead?
ReplyDeleteNo you still need maintain similar job
DeleteIf my filing date is 2012 feb, is it advisable to downgrade to eb3 for quick ead or wait for nov bulletin?
ReplyDeleteYou can start the I485 process and make a decision on EB3 vs EB2 after Nov bullet-in publication
DeleteMy PD is Jun 2010 on EB2. Since EB3 is advancing rapidly, should I downgrade to EB3 and file I-485 so I may get my GC faster than EB2? since my PD is 2010, should I submit my Medical exams now?
ReplyDeleteFAD for EB2 also should move quickly with 120k GC spillover and EB2 ROW being current. There is a good chance you will have a interview with-in 2 years so it is better to submit the physicals with I485 filing.
DeleteMy EB2 of is dec 2011. Is it a good idea to downgrade and apply for ead??
ReplyDeleteIf you can then it is a good option
DeleteHi, my PD is Nov 2012 EB 2 with approved I 140 and I am still with the same employer. My employer said they can downgrade to EB 3 and file 140 and 485 concurrently. My question is if I get the EAD with EB 3 then if the final action date for EB 3 retrogess, And EB 2 moves forward ,can I interfile the 485 with EB 2
ReplyDeleteYes you can
DeleteMy I485 is approved in EB2 and PD is Nov 2009 (three more months as per the Oct Bulletin) and I've changed my employer. Would you recommend me downgrading to EB3 or should I wait in EB2?
ReplyDeleteYou have a very good chance of getting GC very soon. So I would wait
DeleteMy eb2 is April, 2011. Is it a good idea to file eb2 and also downgrade to eb3 ? So I have both applications in process?
ReplyDeleteHard to forecast how fast USCIS will approve EB2 vs EB3
DeleteI have upgraded EB3 to EB2 on 2015 when I changed my company. My old company still has my EB3 I-140 active. I heard that I can use supplement J and apply EAD now. Does anyone know what is supplement J? If I do that I don’t need to downgrade to EB3 and current company itself I can apply I-485 with EB3.Correct?
ReplyDeleteYes you can
DeleteBut attorney says I have to go back to previous employer if I want to use EB3 I-140. Which means I have to switch my company. Is that correct?
DeleteMy PD is Nov 10, now current but My H1B is pending approval(recently received RFE) and I dont have an I-797 approval document. Is it going to be a blocker for filing I-485. Pls suggest.
ReplyDeleteCan I apply with receipt?
DeleteYes you can apply since I485 and H-1B are independent.
DeleteHi, my PD is March 2011 EB3. Should I be applying with medicals included? Please advise.
ReplyDeleteSending physicals will complete the i485 application but physicals will expire in 2 years. USCIS will issue RFE for physicals before your interview
DeleteI have upgraded EB3 to EB2 with old company and moved to new company and filed in EB2 and got approved, PD is 01AUG2011 My old company still has my EB3 I-140 active. I heard that I can use supplement J and apply EAD now with new company. Does anyone know what is supplement J? If I do that I don’t need to downgrade to EB3 and current company itself I can apply I-485 with EB3.Correct?
ReplyDeleteDo you expect further move on EB2 in Nov bulletin?
ReplyDeleteCannot predict
DeleteQuestion: will mortgage forbearance plan affect my I-485 process ?
ReplyDeleteIs it considered a public charge? Thanks
It depends on the type of loan, lender and if lender has reported to credit bureaus.
DeleteMy EB-2 PD is Aug 2013. I currently have a good job offer which I was seriously contemplating taking up. Would you recommend switching the jobs at this time or waiting for my current employer to downgrade my filing to EB-3 and waiting for another 6 months?
ReplyDeleteYou should weigh the pros and cons. If you apply I485 you cannot change for at least 6 months after filing
DeleteHi
ReplyDeleteI have Eb2 PD as July 2011, with almost 2 month short. Should I wait for nov bulletin or file eb3 downgrade?
You can start the preparation and make a decision after Nov bullet-in
DeleteMy priority date is aug 2011 and I have an approved I 140 in eb2.
ReplyDeleteMy wife’s priority date is May 2013 and her perm is approved and YET to file her I140. She works for a different employer.
Option 1: I downgrade my application from eb2 to eb3 and then file AOS.
Option 2: File her i140 in eb3 and AOS.
Question: If we go with option 2, let's say in 6 months eb2 date becomes current, can i file AOS with my application?
What’s your recommendation here? Which option is better.
Both the applications are independent and you can file when your date becomes current
DeleteThis comment has been removed by the author.
DeleteThanks Arun for your response. So if i file with my wife's application, can we request USCIS to USE my PD since its an earlier date
DeleteHi , my priority date is Dec 2011 on eb2 and I am working for the same employer. I am currently stuck out of the country and embassies are not yet open in india. Can I file i485? If not, what are my options?
ReplyDeleteI485 AOS can be done only if you are in USA.
DeleteMy PD is 2017 May (EB2 INDIA)
ReplyDeleteAny luck on folks like me getting to file I-485 atleast and have EAD and AdvAnce parole in the coming years
This comment has been removed by the author.
DeleteIts very hard to predict the future
DeleteWill the EB2 dates recede come Nov bulletin? Many of my friends are pushing to file by end of October but I don't have all the documents at this point. I'm still working on it. My PD is Nov 2010.
ReplyDeleteWhat are the options of the employer is not willing to downgrade the perm application from eb2 to eb3
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