Can We Upgrade From Eb3 To Eb2

If I downgrade to EB3 now can I later upgrade back to EB2. At the Murthy Law Firm we have done this successfully in the past.

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Later dates wet back to 2003.

Can we upgrade from eb3 to eb2. It depends on whether or not the original EB3 offer is still available. Hi Anil PERM and EB3 i140 approved Initially my company applied my perm and 140 under EB3 even though I qualified for Eb2. Does this means I can.

Applied EB2 i485 - received EAD and AP In year 2012 my priority date of 2009 June 17 th become current and applied my 485 under EB2. File EB3 i485 without joining EB2 employer. This means that upon approval of the EB3 request you will not have an EB2 I-140 approval to which you could return if for example the EB2 and EB3 dates flip and EB2 becomes more favorable unless you file yet another I 140 amendment to upgrade from EB3 back to EB2 with the attendant risks and costs described above.

While India is not current in the EB2 category it is far less retrogressed than the EB3 category. The change to EB2 immigrant visa category does not actually upgrade the previously filed Labor Certification LC and Form I-140 petition. Received EAD and AP.

File the EB3 I-140 with your EB2 PERM in regular processing. The general processing time for an EB2 to EB3 downgrade application is six months or more. The EB1 categories can be found here and the materials below should help you decide.

To discuss this in detail feel free to. For many EB3 visa applicants the wait is unavoidable. So if you want to do this its probably best to avoid making any plans to switch jobs.

If you feel you qualify to any of them please call us at 510 7425887. But you can only do that if the EB2 I-140 job offer is still valid at the time. Who Can Upgrade from EB3 to EB2.

Then once you receive your receipt you can upgrade your EB3 I-40 application to premium processing. With the same employer you can file EB3 I-140 with the existing PERM labor certification. The truth is that you do not move to EB2 to EB1 you just need to qualify for one of the EB1 categories.

I believe the employer A still has the EB-3 position and has not withdrawn the approved I-140. Immigration law experience with cases just like yours. Yes thats true and the sole reason behind this is because lot of folks have moved from EB3 to EB2 thanks to something called porting.

Then you can submit the I-485 EAD work permit to further the process for travel parole. Does it benefit them to do. So is there a way for workers to upgrade or port from EB3 to EB2.

I find this porting this prejudice because if EB3 is given opportunity to port then why not eb2 to Eb1. This process is also referred as EB3 to EB2 interfiling. If so please acknowledge and mark it so.

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 employers ability to pay the prevailing wage and employees qualifications. EB3 to EB2 Based on Experience and New Job Title Promotion. You mentioned I can file I485 with supplement J signed by the EB-3 employer A without filing a new I-140 and convert to EB3.

I fall in below category Upgraded EB3 to EB2 If you had approved EB3 i140 earlier with employer A and then upgraded to EB2 with a new employer B. Can I move to EB3. If someone upgraded from EB3 to EB2 from same employer then in this case heshe can use any PD whoever come first OR have to apply only in EB2 for I-485.

Note the EB1 categories are current for all countries of the world including India and China. Later company applied my perm and 140 under EB2 and used EB3 date. Still his response is general in nature as all the facts are unknown to him and cannot be construed as.

There are few perms filed in 20092010 and hence this year will move fast BUT after 2010 it is going to be a full stop and dates will. A new labor certification needs to be filed in order to switch to EB2 Category from EB3. You can interfile the EB2 I-140 into your pending I-485 to convert the I-485 from EB3 to EB2.

While EB2 for India is backlogged priority date movement in the EB2 category is usually much faster than it is in the EB3 category. Anyways Eb3 will be faster than Eb2 for next three four years. This EB3 to EB2 upgrade process requires the filing of a new Labor Certification and related Form I-140 petition requesting EB2 classification.

Smith has 25 years of successful US. There is no rule that prohibits this. Some employment-based immigrant visa applicants however may qualify to change to EB2 having obtained over time advanced degrees additional job experience and job offers that satisfy the requirements for EB2 filings.

Do i need new PERM for EB2 to EB3 downgrade. Generally an I-485 applicant can request either EB2 or EB3 adjudication after a downgrade. USImmigration CanadaImmigration USCIS GreenCard WisdomTrendsEB2 to EB3 Downgrade Pros and consInstagram.

If you have an already existing green card application under EB-3 category your current employer or new employer can file a new case under EB-2 category by creating a new labor certification. Upgraded from EB3 to EB2 Did masters. If EB2 Final Action dates become current EB3 to EB2 upgrade can be achieved by requesting USCIS to consider the application under EB2 category.

Is my answer BEST ANSWER andor HELPFUL.

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