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At that point, your priority date is considered "current. " File new EB3 i-140 in premium. For the I-140 has been received, as USCIS needs to retrieve a copy of the original. My personal suggestion is to just pay for it. If you're wondering why a lower priority level would have a shorter waiting period than a higher one, let's break down how priority dates work. Difference between an EB2 Visa and EB3 Visa. Home assistant nest thermostat Form I-485, Application to Register Permanent Residence or Adjust Status Birth Certificate Copy of passport page with nonimmigrant visa Color photographs as per new guidelines Fingerprints (USCIS will notify when and where to provide fingerprints) Fee: non-refundable (see fee schedule below) by check or money orderI-485 INTERVIEW YESTERDAY BUT CASE MUST BE REVIEWED. The Visa Bulletin manages how applicants know if it's their turn in the line, and it could take years if there's a large number of applicants. You can easily print this cover letter on employer letterhead. Enter your current i140 details which should be in an approved status to generate this letter. Check it out -... kno Case Remains Pending. But what would be the benefit of applying for an EB2 to EB3 downgrade? Further, based on how these cases have been adjudicated historically, the USCIS seems to treat an I-140 downgrade filing essentially as it would any other I-140 petition.
How Long Does it take to downgrade EB2 to EB3? What is a downgrade case? Foreign nationals are welcome to apply for an EB2 -visa if they are holders of an advanced degree, which means bachelor's degree or higher (master's, doctorate), and if they have five years' experience in the work field they wish to apply for. No new PERM is required. I am not sure if I have to sign the tax returns (i did file electronically each year) so the pdf copy i have do not have signatures. It is possible that USCIS denies your EB2 to EB3 i140 for the reason that the employer does not have the ability to pay the wages.
Use this tracker if you have interfiled/transferred an existing employment-based petition to another petition, provided the prior petition is not revoked or denied, and provided the visa category is current. In such a situation, people with approved I-140s waiting for EB-2 priority date to be current are wondering whether it is possible for them to downgrade to EB-3 and whether it makes sense for them to do so. Our suggestion is to not use EB3 EAD or AP unless it is absolutely required. Yet, the I-485 Supp J was still issued. The EB-2 category is stuck on May 15, 2011, while the EB-3 has jumped to January 1, 2015. The notice explains in detail what additional material is 's RFE on I140 - EB3 on April 19 th Guys Just checked the my status. If the PERM LC is at the service center where the I-140 is being filed, it appears the USCIS will honor the premium processing request. The good news is most people who are eligible for the EB2 visa will qualify for the EB3 visa as well, and you can downgrade from EB2 to EB3.
All Rights Reserved. Can I Stay More Than 6 Months Outside the U. with a Green Card? 245k ina exception eligibility. However, the conditions for obtaining them are different, as well as the waiting time. If you've already waited several years for your EB-2, this can be devastating. Once you start using EB3 EAD after the downgrade, you lose your H1B/L status as your I-9 form now shows the work authorization as EAD. How an EB-2 to an EB-3 Downgrade of your Green Card Can Help. It will be a task to convince them to file both EB2 and EB3 at the same time unless they already understand and have evaluated all pros and cons from their own balance sheet point of view. Usually, if your downgrading application is assessed at the same USCIS Service Center as your original PERM application, then premium processing will go ahead. This MurthyDotCom article addresses common questions that Murthy Law Firm attorneys regularly receive related to EB3 downgrade filings. Though some are conditional and are initially only valid for two years, the rest are valid for ten years at a time and only need to be renewed, meaning that you do not need to re-qualify for them.
You should carefully plan and talk to your employer before filing the downgrade. The employer could request the USCIS to interfile the I-140 petition with the pending I-485 application. As described above, depending upon the circumstances, there may be risks in doing so, as the USCIS has another opportunity to review the entire package – the employer's ability to pay the prevailing wage, and employee's qualifications for the job and any other factors. Upon approval, the applicant is mailed a Form I -551, Permanent Resident date the Form I -485 is approved becomes the date of adjustment, which in turn determines how soon the newly roval If all of the requirements are met, and an immigrant visa is allocated by the Department of State (DOS), the Form I -485 is approved. That is because the prerequisite for requesting the premium processing is filing the original PERM labor certificate.