Hi Rahul Reddy garu I have I-140 approved in EB2 with my previous employer( Employer "A") . few months before I moved to current employer ( Employer "B") who hasn't filed my GC OR PERM yet. Can i ask my current employer to use previous I-140 and file for EB2 down grade and I-485 simultaneouly?
The New employer has to do a new EB3 perm And file I140 / I 485 concurrently with premium. The question is how the old employer’s EB2 priority date can be recaptured in the new employer’s EB3 process ?
Hello Rahul, Can' t appreciate your work & videos enough here. Very informative. I do have a couple questions though, (i)Our EB2 PD is July 2013, Would you suggest we should apply for a Downgrade or should we wait for the Nov'20 Bulletin and possibly the EB2 dates would be allowed to file also? (ii) Are we too late already to work on the Downgrade, as my employer has not yet approved the downgrade?
My question is to my dear commenters because I see Mr Reddy is not interested in answering anyone’s questions. Probably, he wants you to consult him. I did not get why he recommends NOT to file I-140 in premium but rather wait until you get a receipt and then upgrade to premium? He said that pre-COVID, we would have labor certification approved long back. If USCIS don’t see original labor certification, they can deny premium processing and return back. I didn’t get. Anyone?
Good info. Thanks Reddy. Is Medical examination required just to file the Adjustment Of Status or is it needed only when the Final Action date besoms current?
This green card for indian is just like caste reservation system of India. H1b is like bonded labour. American govt uses it as milking cow. Every three year each Indian GC aspirant pays H1b renewal fee which is in millions. Employers are happy that the fellow can not change job easily. Undeserve get selected even when qualified deserve Indian origin,who is ready to be an American citizen, is not prefered by firms who are not ready to under go the tedious process. The country cap is an outdated thinking but so called develop, democratic country still follow caste system( by birth of place)
But job posting and everything was done based on EB2 requirements, based on that it was determined no eligible citizen candidate was available. Now you change to EB3 that means job only requires bachelor's degree hence perm shouldn't be invalid ?
Thank you 🙏 DATES FOR FILING OF EMPLOYMENT-BASED - how about this date ? If this becomes current before the priority date, will I be getting a ead card sooner if I downgrade to eb3?
are 2 affidavits from relatives and PAN card and Voter ID enough if the date of birth certificate is not available while filing 485? or non-availability birth certificate is a must?
Hi, Let's say that we have submitted the documents for the downgrade of EB2 - EB3 and the i-485 along with it. What if the EB2 dates become current in the meanwhile. Will I still be able to apply for Status Change (i-485) under EB2, instead of waiting for I-140 to be approval for EB3?
Is having an EB3 i140 and applying directly for AOS better( in terms of priority given by uscis for available visas /EAD) than those applying for Downgrade ( eb2 to eb3 i140) and AOS concurrent filing ? Or it does not matter ?
@@Suresh_Jayaraman I wonder what the process be, I've heard about Interfiling - www.murthy.com/2013/07/26/interfiling-new-immigrant-petition-into-pending-i-485-case-part-1-of-2/ which says - new immigrant petition (EB2 I-485) into pending I-485 Case (EB3 I-485). Does anyone has any experience on Interfiling?
I am with the same employer with EB2 I-140 approved and filed I-485 in October 2020 along with EB3 I-140 New. My EB3 I-140 approved but the dates are retrogressed. Now the date for EB2 is current. Do I need to do interfiling or USCIS automatically considers EB2 to approve pending adjustment of status? Please reply.
You cannot stamp an h1b or any visa for that matter inside US...inside US...you valid proof of stay is I 797...if u leave US, u have to have a visa stamped for reentry...
I had an I-140 approved in EB2 Category from my company 5 years ago and now I recently joined them back, they have not revoked my previous I-140 and they are filing perms again , If I ask them to file in EB3 with previous I-140 , can they file I-485 along with perm application ?
I have I-140 approved in EB2 with my previous employer. After a long wait i moved to current employer who hasn't filed my GC yet. Can i ask my current employer to use previous I-140 and file for EB2 down grade and I-485 simultaneouly?
Have one question , had eb3 140 approved with priority date March 2011 and later upgraded to eb2 with porting 2011 priority date.. now eb3 is moving fast can file 485 based on eb3 instead of eb2?
From what I understand typically, it is the final action date that folks talk about, but from time to time USCIS has allowed 'date of filing'. This is the case with the Oct 2020 visa bulletin. Ref: www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-56
I originally had secured EB3 I-140 approval and later upgraded to EB2 I-140 approval from same employer. As I am still with current employer and my priority date is current now in EB3, can my employer directly file I-485 based off of originally secured EB3 I-140 or do they need still need to go through this downgrade process?
You guys made this video 1 month ago, I doubt if you knew the Sept 24th decision.
Great going guys. Thanks for your insight.
Hi Rahul Reddy garu I have I-140 approved in EB2 with my previous employer( Employer "A") . few months before I moved to current employer ( Employer "B") who hasn't filed my GC OR PERM yet. Can i ask my current employer to use previous I-140 and file for EB2 down grade and I-485 simultaneouly?
The New employer has to do a new EB3 perm And file I140 / I 485 concurrently with premium.
The question is how the old employer’s EB2 priority date can be recaptured in the new employer’s EB3 process ?
Thank you all .excellent .
Hello Rahul, Can' t appreciate your work & videos enough here. Very informative. I do have a couple questions though, (i)Our EB2 PD is July 2013, Would you suggest we should apply for a Downgrade or should we wait for the Nov'20 Bulletin and possibly the EB2 dates would be allowed to file also? (ii) Are we too late already to work on the Downgrade, as my employer has not yet approved the downgrade?
My question is to my dear commenters because I see Mr Reddy is not interested in answering anyone’s questions. Probably, he wants you to consult him.
I did not get why he recommends NOT to file I-140 in premium but rather wait until you get a receipt and then upgrade to premium?
He said that pre-COVID, we would have labor certification approved long back. If USCIS don’t see original labor certification, they can deny premium processing and return back. I didn’t get. Anyone?
Good info. Thanks Reddy. Is Medical examination required just to file the Adjustment Of Status or is it needed only when the Final Action date besoms current?
What do you need to do is the approved I-140 in EB-2 was self petitioned?
Once my applications is in, then date is retrogressed, do i still get the approval?
This green card for indian is just like caste reservation system of India.
H1b is like bonded labour. American govt uses it as milking cow. Every three year each Indian GC aspirant pays H1b renewal fee which is in millions. Employers are happy that the fellow can not change job easily.
Undeserve get selected even when qualified deserve Indian origin,who is ready to be an American citizen, is not prefered by firms who are not ready to under go the tedious process.
The country cap is an outdated thinking but so called develop, democratic country still follow caste system( by birth of place)
But job posting and everything was done based on EB2 requirements, based on that it was determined no eligible citizen candidate was available. Now you change to EB3 that means job only requires bachelor's degree hence perm shouldn't be invalid ?
Thank you 🙏
DATES FOR FILING OF EMPLOYMENT-BASED - how about this date ? If this becomes current before the priority date, will I be getting a ead card sooner if I downgrade to eb3?
Thank You Rahul it’s Very much Informational .
are 2 affidavits from relatives and PAN card and Voter ID enough if the date of birth certificate is not available while filing 485? or non-availability birth certificate is a must?
Hi, Let's say that we have submitted the documents for the downgrade of EB2 - EB3 and the i-485 along with it.
What if the EB2 dates become current in the meanwhile. Will I still be able to apply for Status Change (i-485) under EB2, instead of waiting for I-140 to be approval for EB3?
Stop expecting free legal advice in comments section. Pay them $ and they will happily answer all your questions or represent you in your case.
Seriously, it's crazy how many people ask questions on a CZcams video's comments section and expect answers
Is having an EB3 i140 and applying directly for AOS better( in terms of priority given by uscis for available visas /EAD) than those applying for Downgrade ( eb2 to eb3 i140) and AOS concurrent filing ? Or it does not matter ?
So Rahul.. if we downgrade to EB3.. then EB2 is not valid anymore? Or we are applicable for both with same Labor ?
I heard from my lawyer that your EB2 is still valid and you ask government to set you back on EB2.
@@Suresh_Jayaraman I wonder what the process be, I've heard about Interfiling - www.murthy.com/2013/07/26/interfiling-new-immigrant-petition-into-pending-i-485-case-part-1-of-2/ which says - new immigrant petition (EB2 I-485) into pending I-485 Case (EB3 I-485). Does anyone has any experience on Interfiling?
I am with the same employer with EB2 I-140 approved and filed I-485 in October 2020 along with EB3 I-140 New. My EB3 I-140 approved but the dates are retrogressed. Now the date for EB2 is current. Do I need to do interfiling or USCIS automatically considers EB2 to approve pending adjustment of status? Please reply.
Can I still downgrade if I have changed the employer. I am in process of applying I140 with new employer and My EB3 date is current.
Rahul I would like to go to India in this situation would be okay if I get my visa stamping in usa it self?
You cannot stamp an h1b or any visa for that matter inside US...inside US...you valid proof of stay is I 797...if u leave US, u have to have a visa stamped for reentry...
I had an I-140 approved in EB2 Category from my company 5 years ago and now I recently joined them back, they have not revoked my previous I-140 and they are filing perms again , If I ask them to file in EB3 with previous I-140 , can they file I-485 along with perm application ?
I have I-140 approved in EB2 with my previous employer. After a long wait i moved to current employer who hasn't filed my GC yet. Can i ask my current employer to use previous I-140 and file for EB2 down grade and I-485 simultaneouly?
Have one question , had eb3 140 approved with priority date March 2011 and later upgraded to eb2 with porting 2011 priority date.. now eb3 is moving fast can file 485 based on eb3 instead of eb2?
Thanks 🙏🏼
Coming from a selfish person who opposed s386 .. why Mr reddy is acting smart here .
Hey Rahul, there are 2 dates right final action and date of filing. So when you say current can it be either one or final action only?
From what I understand typically, it is the final action date that folks talk about, but from time to time USCIS has allowed 'date of filing'. This is the case with the Oct 2020 visa bulletin.
Ref: www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-56
We are currently in EB2 but instead of downgrading can I just apply another one in EB3 category with the same LCA
Yes you can that is what we call it as downgrade
So Rahul.. if we downgrade to EB3.. then EB2 is not valid anymore? Or we are applicable for both?
I originally had secured EB3 I-140 approval and later upgraded to EB2 I-140 approval from same employer. As I am still with current employer and my priority date is current now in EB3, can my employer directly file I-485 based off of originally secured EB3 I-140 or do they need still need to go through this downgrade process?
No need to wait your eb3 I 140 is valid go for i485.
I have I-140 approval with my previous employer. Can I use it or wait for my current employer to file again?
I also have the same question..Please let me know if you find the answer.
My PD is not current Can i still file for downgrade along with i485, or
Just file for downgrade , or
Wait till PD is current and file both.
If we downgrade EB2 to EB3 and during process eb3 got rejected do I still have eb2? Or I will lose both the status?
Eb2 i140 holds good after eb3 rejection
Imagine if you all downgrade to eb3 and USCIS move eb3 date back where it was to 2008 lol
hahaha...people will bang their head