Can I Upgrade From Eb3 To Eb2

Can I Upgrade From Eb3 To Eb2NOTE 1: If an EB3 applicant already has Adjustment of Status (AOS) petition pending with USCIS, once the EB2 petition is approved and is current, USCIS may need to be notified so that the pending AOS application can be connected to the EB2 petition. I recently applied for EB1 I-140 and it is still being processed by USCIS. The confirmation of the policy on priority date retention, as well as the option to obtain an online degree from an accredited U. The general processing time for an EB2 to EB3 downgrade application is six months or more. So, in those cases, when we get the priority date from an EB-3 case and put it on top of an EB-2 case, thereby essentially converting an EB-3 case to an EB-2 case, we refer to that loosely as a conversion. US ImmigrationEmployment Green Card guidance on Eb3 to eb1 and eb2 USCIS officially released the Notice, encouraging Eligible Applicants to Switch Employment. But if your PERM was filed as an EB-2 you can downgrade I-140 EB-3. But in this case, I don't know if it has to be 180 days after interfiling is done (check on that). To upgrade from EB3 to EB2 you need approved EB2 PERM. EB2 will likely move forward to Aug 2012 in the Feb 2022 visa bulletin. Upgrading or Downgrading (i. In November 2021, my EB3 date will no longer be current. Can I interfile from EB3 to Eb2 while using EB3 EAD/AP? I have Eb2 PERM , I140 and EB3 PERM, I140 separately approved with same employer. Attorney's postings contain general information only and are not a substitute for case-specific legal advice. Under both the EB2 and the EB3 visa, the employer must first go through the PERM Labor Certification process (which we discussed above). This is also true for an AOS based on a spouse's previously filed employment based petition. Can you talk about this upgrade process from EB3 to EB2 for pending I-485? Does it need another I-485 application or just a letter to USCIS?. No <<Long Post>> Before we talk about how to upgrade from Eb3, lets take a quick look into eligibility criteria for the higher EB categories. So if your current employer who. An applicant who originally applied for adjustment based on a pending or approved employment-based petition and later married a U. EB-3 to EB-2 Interfiling FAQs Since January 2022, USCIS has been encouraging applicants of pending I-485 applications in the EB-3 category to transfer the underlying basis of their application to the EB-2 category, if they are eligible to do so. Really, it is not a conversion. Can I Upgrade from EB3 to EB2? Transferring an EB3 visa to EB2 might save applicants a lot of time. You will retain your original PERM PD. Yes, company B can revoke I-140 - but if your I-485 is upgraded to EB2, then you should be able to file for AC21 and be safe. You may be eligible for an employment-based, second preference (EB-2) permanent worker visa if you are a member of a profession and you have an advanced degree or its equivalent, or if you have an exceptional ability. If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. So, in those cases, when we get the priority date from an EB-3 case and put it on top of an EB-2 case, thereby essentially converting an EB-3 case to an EB-2 case, we refer to that loosely as a conversion. In other words, you are not eligible for interfiling EB3 to EB2 if your EB2 eligibility will only be in the future. EB2-EB3 Cross Porting) Originally Posted by getsaby Commentary All of the Final Action and Application Filing Dates have been advanced at a very rapid pace, in anticipation of the FY 2021 annual limit being approximately 261,500, an all-time high. Hi, My Perm labor is approved last week and it was filed for EB2 category. What would be the best course of action here? Interfiling and requesting and upgrade back to EB2 or Filing a New I485 for. You can use any. Thus, it will be of EB-3 caliber. It potentially could be filed through the same employer that filed the EB3 labor certification. Employment-Based Immigration: Second Preference EB-2 Employment-Based Immigration: Second Preference EB-2 You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability. It is possible to go from an EB3 to EB2 by accepting a new employment offer from the same or a different company. Is it possible to interfile from EB3 to EB2, after changing employer? I had EB2 I-140 approved with my current employer and Filed EB3 I-140 along with concurrent I-485 in October 2020 when there was massive movement in EB3 India category. Yes, you may "interfile" from EB3 to Eb2 while using EB3 EAD/AP. 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. My fingerprinting is done, and also had an EAD since April 2021. Yes, you can use the services of a different attorney to convert from EB-2 to EB-3. If you have already had an I-140 petition approved for an EB-2 green card. It is a new case filed under EB-2, and essentially the priority date is being transferred. To downgrade a priority date from EB-2 to EB-3, an individual must have their employer file a new EB-3 I-140 petition on their behalf. Generally, an I-485 applicant can request either EB2 or EB3 adjudication after a downgrade. While the EB2 dates have moved July 8th 2012. EB-3 to EB-2 Interfiling FAQs Since January 2022, USCIS has been encouraging applicants of pending I-485 applications in the EB-3 category to transfer the. However, the EB-3 priority dates then slipped backward in early 2021 so that the category was no longer current for many of. Yes, as long as the EB2 job description is more than 50% different from the EB3's counterpart. Answer (1 of 5): In this context, “upgrade” means two different things. Considering huge back log in EB3-I, I don’t think I will be getting my Green Card even till the day of my retirement. If you want to switch to EB2 you have to send a letter to USCIS requesting transfer of underlying basis of I485 to your EB2 I140. Is it possible to upgrade from EB-3 to EB-2 with the same employer? You have two possible options for qualifying for an employment based second preference (EB-2) immigrant visa: Have the equivalent of a US master’s degree; or,. By now most people are familiar with the concept of filing a downgrade application from EB-2 to EB-3. ago It says you can still transfer if you have a pending I-140 tho. When interfiling EB3 to EB2, you have to be eligible under the new category while your I-485 application is pending. You can use any one of them based on your choice. In December 2021, EB-2 priority dates for both India and. Can you talk about this upgrade process from EB3 to EB2 for pending I-485? Does it need another I-485 application or just a letter to USCIS? ANSWER. What are the risks of downgrading from EB2 to EB3? The inherent risk in downgrading your petition from EB2 to EB3 is that your priority date is now for EB3 only. It’s applicable for people who downgraded to eb3 in 2020 but are now current in eb2 category. economy, cultural or educational interests, or welfare in the future. But you can't have 2 I-485s or 2 different consular processings pending at the same time or they will ask you to withdraw one of them. You will need to start the EB2 PERM process from scratch unless your old employer is ready to file your. ANSWER: If you are upgrading your EB3 to EB2, then the EB3 will no longer be available as you are using your EB2 as the underlying basis for the 485 called "interfiling". This process is much more delicate than porting from an EB-3 to an EB-2 green card. The eligibility for the EB visas category is outlined below:. Transferring an EB3 visa to EB2 might save applicants a lot of time. You may be eligible for an employment-based, second preference (EB-2) permanent worker visa if you are a member of a profession and you have an advanced degree or its equivalent, or if you have an exceptional ability. Filing for a conversion (again, I am using the term “conversion” loosely) does not create any additional audit risks. It is not unusual for an individual with an EB3 case to qualify for EB2. To upgrade from EB3 to EB2 you need approved EB2 PERM. Amended petitions: If an EB-3 downgrade is filed concurrently with an I-485 and that EB-3 downgrade is approved as an “amendment” to a prior approved EB-2 petition, can that prior EB-2 petition later be used to transfer the basis of the pending I-485 back to the (now amended) EB-2 petition?. Some even “downgraded” from the EB-2 category to the EB-3 category. With the same employer you can file EB3 I-140 with the existing PERM labor certification. Can I Upgrade from EB3 to EB2? Transferring an EB3 visa to EB2 might save applicants a lot of time. No and yes. If the approved I-140 is revoked or withdrawn before the second I-140 is. 27 years of successful immigration law experience. You can reuse the PERM certificate that you have received for EB-2 for your brand new I-140 application for EB-3. If an employee wishes to qualify for an upgrade from EB-3 to EB-2, the employee must meet the basic requirements for EB-2. You do not have to use the same attorney who filed your EB-2 case. How often can I downgrade and do a upgrade from eb2 to eb3 ?TC:150Yoe:4Indian origin PD: March 2020#workvisa #rfe. You may be eligible for an employment-based, second preference (EB-2) permanent worker visa if you are a member of a profession and you have an. F faranianq Registered Users (C) Feb 20, 2008 #6 nscagony said: You can have 2 I-140, thats no problem. Under both the EB2 and the EB3 visa, the employer must first go through the PERM Labor Certification process (which we discussed above). Step 1: Determine Eligibility. EB2 and EB3 Upgrades/Downgrades By Attorney_22, September 20, 2018 in Topic of the Week Share Followers 1 September 20, 2018 Attorney's postings contain general information only and are not a substitute for case-specific legal advice. EB-3 to EB-2 Conversion Rules Due to the fact that you may be waiting years for your green card, there is always the possibility that you can amass the qualifications for a higher employment-based category. You do not have to use the same attorney who filed your EB-2 case. The real waiting period for some of these people can be reduced by as much as 5 or 10 years. NOTE 1: If an EB3 applicant already has Adjustment of Status (AOS) petition pending with USCIS, once the EB2 petition is approved and is current, USCIS may need to be notified so that the pending AOS application can be connected to the EB2 petition. If you have already had an I-140 petition approved for an EB-2 green card and you are from either China or India, you will have to wait several years before a visa number will become available. Gov Need Help? Discuss Privately Author AM22Tech Team. Meanwhile, EB3 filing date has become current for India. The attorney will answer only those questions which relate to the main subject. The I-485 is your application that may be ported. You can go back upgrade to EB-2 if you already have an EB-2 approval. What are the risks of downgrading from EB2 to EB3? The inherent risk in downgrading your petition from EB2 to EB3 is that your priority date is now for EB3 only. EB-3 to EB-2 INTERFILING OR TRANSFER OF PREFERENCE CATEGORIES OPTIONS FOR PENDING I-485 ADJUSTMENT OF STATUS APPLICANTS Home From my Desk EB-3 to EB-2 INTERFILING OR TRANSFER OF PREFERENCE CATEGORIES OPTIONS FOR PENDING I-485 ADJUSTMENT OF STATUS APPLICANTS By admin From my Desk November 10, 2021. You have to have both 140 to switch. To upgrade from EB3 to EB2 you need approved EB2 PERM. EB-2: People with advanced degrees or exceptional ability (check out the guide to the EB2 visa here) EB-3: Skilled professionals and other workers (you can find the. Then once you receive your receipt you can upgrade your EB3 I-40 application to premium processing. Yes, you may "interfile" from EB3 to Eb2 while using EB3 EAD/AP. In addition, in order to recapture an earlier priority date, the employee must have an approved I-140 naming him or her as the beneficiary. This transfer process, also known as “interfiling,” is now accomplished by the I-140 petitioner filing I-485 supplement J at. Due to this, I wanted to downgrade to EB3. However, last October so many applicants filed downgrades, that the demand for EB-3 green cards, has far exceeded the number available, resulting in severe retrogression, especially for EB-3 India. What happens if I switch jobs now and EB2 be. NOTE 1: If an EB3 applicant already has Adjustment of Status (AOS) petition pending with USCIS, once the EB2 petition is approved and is current, USCIS may need to be notified. You can file a downgrade second case as EB-3 with the same PERM. Then, you can submit the I-485 EAD work permit to further the process for travel. As of the January bulletin, the EB3 India Dates for final action have retrogressed to Jan 15th 2012. EB-3 to EB-2 Conversion Rules Due to the fact that you may be waiting years for your green card, there is always the possibility that you can amass the qualifications for a higher employment-based category. You cannot file an upgrade if you are going to stay in the same position. Can i use this labor to file I-140 in EB3 instead of EB2 and later file I-140 in EB2 with same labor if required?. The truth is that you do not move to EB2 to EB1 you just need to qualify for one of the EB1 categories. As explained above, in order to move from EB3 to EB2 it is necessary to start over with an entirely new labor certification. If you have an approved EB3 I-140, you or your employer may file an I-140 in EB1 and it will receive the same priority date as the EB3 I-140 (or possibly an older one, if you have any I-140s that are even older; every I-140. The real waiting period for some of these people can be reduced by as much as 5 or 10 years. Hi, My Perm labor is approved last week and it was filed for EB2 category. In most cases, a PERM Labor Certification used in support of an EB-2 petition can be used to support an EB-3 petition by the same employer and for the same position. EB2 Green Card ,EB3 Green Card ,PERM - Labor Certification ,Form I-140 ,Form I-485 ,Advance Parole ,EAD (AOS) Related Videos. university, serve to facilitate the possibility to upgrade to EB2 for many individuals. This process is much more delicate than porting from an EB-3 to an EB-2 green card. It would not make sense for your employer to tell USCIS that your position only required a bachelor’s degree when it filed your EB-3 petition, then suddenly claim it required a master’s degree in order to file an EB-2. Eligibility You will need a labor certification and must meet basic criteria depending on your category. EB2 will likely move forward to Aug 2012 in the Feb 2022 visa bulletin. The process of downgrading the petition, therefore, is filing a new I-140 petition with USCIS using the prior PERM Labor Certification. This often is filed through a new employer, when an. To upgrade from EB3 to EB2 you need approved EB2 PERM. com/eb3-eb2-porting/#EB-3 to EB-2 Conversion Rules" h="ID=SERP,5782. Can I have both EB2 and EB3 EADs? Yes, you can have two EADs approved based on separate EB2 and EB3 pending i485 applications. Filing an EB2 to EB3 downgrade means filing EB3 i140 and i140 can only be filed by a US employer. The PERM LC filing must set forth the minimum job requirements, under standard procedures. EB-1A - Extraordinary Ability where one must demonstrate special skills in their field of work and should be internationally acclaimed. The eligibility for the EB visas category is outlined below: EB-1: People with extraordinary ability, outstanding academic professionals and executives of multinational companies. Employment-based, second-preference petitions must usually be accompanied by a certified Application for Permanent Employment Certification from the Department of Labor (DOL) on ETA Form 9089, however, DOL provides for a blanket (Schedule A) certification in certain situations. This EB3 to EB2 "upgrade" process requires the filing of a new Labor Certification and related Form I-140 petition, requesting EB2 classification. If you are considering EB3 to EB2 porting, and you already have a petition filed in the EB3 category, it means you qualify as a Skilled Worker or Professional. It is possible to go from an EB3 to EB2 by accepting a new employment offer from the same or a different company. Generally, an I-485 applicant can request either EB2 or EB3 adjudication after a downgrade. This means Before we talk about how to upgrade from Eb3, lets take a quick look into eligibility criteria for the higher EB categories. Ask a lawyer - it's free! Browse related questions. Applicants can downgrade from EB-2 to EB-3 if they have an approved I-140 for EB-2 with their current employer while they also have a priority date that is current for EB-3. Although they had been able to submit their I-485 applications, USCIS can only issue a green card when one’s priority date is current. Is it possible to interfile from EB3 to EB2, after changing employer? I had EB2 I-140 approved with my current employer and Filed EB3 I-140 along with concurrent I-485 in October 2020 when there was massive movement in EB3 India category. If an employee wishes to qualify for an upgrade from EB-3 to EB-2, the employee must meet the basic requirements for EB-2. Yes, you can use the services of a different attorney to convert from EB-2 to EB-3. This EB3 to EB2 "upgrade" process. The EB2 priority date can be ported for use with the EB3 case so that a downgrade I-140 petition may be a good option in situations where the EB3 category has a more favorable cutoff date. It is not unusual for an individual with an EB3 case to qualify for EB2. EB2 and EB3 Upgrades/Downgrades. Employment-Based Immigration: Second Preference EB-2 Employment-Based Immigration: Second Preference EB-2 You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability. Can you talk about this upgrade process from EB3 to EB2 for pending I-485? Does it need another I-485 application or just a letter to USCIS?. The change to EB2 immigrant visa category does not actually "upgrade" the previously filed Labor Certification (LC) and Form I-140 petition. You might try the filing of EB2 into your I-485. Otherwise, if it is an "EB-2" you insist on, then have the new employer file a brand new PERM and I-140. I filed my EB3 AOS back in October 2020 and I am still waiting for the green card. BEWARE: CHANGING PREFERENCE CLASSIFICATION (EB-3 TO EB-2) BASED ON AN I-140 PETITION FILED AS “AMENDED” PETITION In January 2022, United States Citizenship and Immigration Services (USCIS) posted an alert advising certain Adjustment of Status (AOS) applicants to consider upgrading from EB-3 to EB-2 preference classification. Some even “downgraded” from the EB-2 category to the EB-3 category. Exceptional Ability. Smith has 25 years of successful U. EB2 upgrade with new employer - Blind I have both EB2 and EB3 I-140 approvals from my current employer. For interfiling you need approved I-140 in EB2 from current employer. However, it is very important to note that this change is dependent more on your job rather than your newfound qualifications. You must be able to show exceptional ability in the sciences, arts, or business, which will greatly benefit the U. While not everyone in the EB3 category is be able to benefit from an EB2 upgrade, it is a viable strategy for many. Do I qualify under my previous filing for GC under EB 2, or do I need to upgrade back to EB 2, or what should I do in this case? More. The change to EB2 immigrant visa category does not actually "upgrade" the previously filed Labor Certification (LC) and Form I-140 petition. You will need to start the EB2 PERM process from scratch unless your old employer is ready to. Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. citizen now prefers to adjust based on a family-based petition filed by the new U. You have to have both 140 to switch. Answer: Yes if the job that is being offered to you is sufficiently dissimilar from the EB-3 job. EB-1A - Extraordinary Ability where one must demonstrate special skills in their field of work and should be Something went wrong. Exceptional ability means, “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. However, the EB-3 priority dates then slipped backward in early 2021 so that the category was no longer current for many of those. The EB2 priority date can be ported for use with the EB3 case so that a downgrade I-140 petition may be a good option in situations where the EB3 category has. Skilled workers, professionals, or other workers that are not covered in EB1 or EB2 above file their green cards in the EB3 category. Answer: Yes if the job that is being offered to you is sufficiently dissimilar from the EB-3 job. If you have already had an I-140 petition approved for an EB-2 green card and you are from either China or India, you will have to wait several years before a visa number will become available. Amended petitions: If an EB-3 downgrade is filed concurrently with an I-485 and that EB-3 downgrade is approved as an “amendment” to a prior approved EB-2 petition, can that prior EB-2 petition later be used to transfer the basis of the pending I-485 back to the (now amended) EB-2 petition?. YOU: Then if EB2 I-485 gets denied, then will the original EB3 I-485 AOS will become invalid as well? ANSWER: Yes, because you upgraded and used the 485 for the EB2. No <> Before we talk about how to upgrade from Eb3, lets take a quick look into eligibility criteria for the higher EB categories. If you switch to another employer by filing I485J you. They have both eb2 and eb3 140 valid and approved. So if your current employer who is sponsoring your GC never filed EB2 PERM and I-140, you cant upgrade or interfile. Hence, you cannot yourself downgrade your application. Yes, you can use the services of a different attorney to convert from EB-2 to EB-3. Since January 2022, USCIS has been encouraging applicants of pending I-485 applications in the EB-3 category to transfer the underlying basis of their application to the EB-2 category, if they are eligible to do so. 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. Exceptional ability means, "a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. Then once you receive your receipt you can upgrade your EB3 I-40 application to premium processing. Thus, it will be of EB-3 caliber. To downgrade a priority date from EB-2 to EB-3, an individual must have their employer file a new EB-3 I-140 petition on their behalf. BEWARE: CHANGING PREFERENCE CLASSIFICATION (EB-3 TO EB-2) BASED ON AN I-140 PETITION FILED AS “AMENDED” PETITION In January 2022, United States Citizenship and Immigration Services (USCIS) posted an alert advising certain Adjustment of Status (AOS) applicants to consider upgrading from EB-3 to EB-2 preference classification. Skilled workers, professionals, or other workers that are not covered in EB1 or EB2 above file their green cards in the EB3 category. This process is also referred as EB3 to EB2 interfiling. As part of the application process, your. Can you talk about this upgrade process from EB3 to EB2 for pending I-485? Does it need another I-485 application or just a letter to USCIS? ANSWER. No <<Long Post>> Before we talk about how to upgrade from Eb3, lets take a quick look into eligibility criteria for the higher EB categories. Filing an EB2 to EB3 downgrade means filing EB3 i140 and i140 can only be filed by a US employer. So if your current employer who is sponsoring your GC never filed EB2 PERM and I-140, you cant upgrade or interfile. Citizenship and Immigration Services (USCIS) does not appear to have a formal policy on downgrade filings. immigration law experience with cases just like yours. For interfiling you need approved I-140 in EB2 from current employer. For applicants with pending I-485 applications, the usual strategy in a case shifting from EB3 to EB2 is to request interfiling for the new, approved EB2 I-140 petition (with the retained priority date,) into the pending I-485 with the U.