EB1 Green Card

Downgrading from EB-2 to EB-3

My wife and I are currently on EAD's since Feb 2012 when the dates became current for our priority date and we were able to apply for the I-485. She is the primary applicant and I am the dependent on her application. Since 2012 the EAD/AP card is being renewed every 2 years. With the EB3 category now going ahead of EB2 does it make sense for her to downgrade to EB3 - Apply for I-140 under EB3. I believe it takes 6 months for approval so we would essentially be doing this preemptively in anticipation of our date becoming current under EB3 in 6+ months.

Watch the Video on this FAQ: Downgrading from EB-2 to EB-3

Video Transcript

I see no problem applying for EB-3 and then using whichever one is faster when the time comes. More...

 

 

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Substantial transcription for video: 

Discussion Topics, Thursday, 20 June 2019:

FAQ: Impact on current H-1B if another H-1B is denied ||H-1B joining another employer while a transfer, extension or amendment is pending|| When does one become H-1B cap exempt - change of status/visa stamp? ||What to do when past immigration problems are causing a current visa denial? || Downgrading from EB-2 to EB-3 || Can priority dates be transferred between husband and wife? || Applying for green card while on student (F-1) visa.

Other: Transferring EB priority dates || I-485 delay || EB-5 travel || B-2 visa extension || Consequences of H-1B extension denial || EB-1C eligibility || Multiple H-1B transfers simultaneously || Travel on AC21 Advance Parole, etc.

Form I-140 (EB1A)

We filed a Form I-140 petition for a professional cricketer in the EB1A category. This immigration preference category is for foreign nationals of extraordinary ability in the sciences, arts, education, business, or athletics. After receiving an RFE questioning the applicant’s eligibility, we responded with documentation evidencing that the applicant has a level of expertise indicating that he is one of that small percentage who have risen to the very top of the field of endeavor.

Status: 
Form I-140 approved
Team Notes: 
Substantial transcription for video: 

Discussion Topics, Thursday, 24 January 2019:

FAQ: Green Card portability for EB-1C international managers or executives||What is the advantage of EB2 over EB3 category?|| Difference between final action dates for employment-based preference cases b. Dates for filing of employment-based visa applications ||

Other: Consequences of moving locations for H-1B and green card cases ||Green card through marriage||H-1B approval beyond six years based upon I-140 approval of another employer||Defining same or similar job for AC 21 portability||Cross chargeability||Converting from EB-2 to EB-3 ||Doing business on H-1B ||Changing employers from nonprofit to for-profit ||Rejoining an old job after a denial of an H-1B transfer||Difference between AC 21 portability and 240 days regulation to continue working on H-1B ||When is a Supplement J required?

How Can I Downgrade from EB-2 to EB-3 and Consequences

I have I-140 approved in EB2, priority date is 2010. When date become current for EB3, I want to downgrade from EB2 to EB3 (I know I have to only refile I-140 and I-485 concurrent). What will happen if USCIS denied newly filed I-140 (EB3)? can I-485 also denied? If newly filed I-140 (EB3) denied, can I used my previously approved I-140 (EB2)?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Substantial transcription for video: 

Topics of Discussion: Oct 11, 2018

Transfer of H1-B without filing an I-140 immediately || Does changing employer automatically cancel/revoke previous H1B petition || Freedom of Information Act (FOIA) about I-140 || CAP EXEMPT H1-B || Can I use my EB3 to file Change of status application by using successor in interest document as my EB3 was done by my old company which was acquired by company XXX || Job portability under the AC21 || Can an employer retain the original I-797 and give only a copy if the I-797 to the employee

Porting Priority Date from EB-2 to EB-1

My husband has an I-140 approved from Company A ( Priority Date April 2008 , EB2). He is now eligible for EB1 under Employer B ( He is currently on L1 A ). Can his priority date from EB2 be ported to EB1 ?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Substantial transcription for video: 

Discussion Topics, Thursday,30 August 2018:

FAQ: H4 EAD based upon a prior employers I 140 approval; effect on I 140 of changing multiple employers; effect on prior I 140 if a subsequent I 140 is approved || Can I join my old employer if the H-1B transfer is denied? Filing green card through future employer || Green card based upon investment – – EB-5 || Effect on green card and naturalization of using public or government benefits || Porting priority date from EB 2 to EB 1

Other: Job titles to be used for naturalization application || How to have a spouse stay in the USA while the green card application is going on || Entering USA on H-1B approval for one employer and H-1B visa of another employer || H-1B transfer back to an approved location || Nunc Pro Tunk approval of H-1B and 212 (d) (3) waivers || EAD delays || Confusion about permanent address used || Green card holder studying abroad || Changing tourist visato a long-term visa || Correcting name errors || Repeat RFE's

Substantial transcription for video: 

Discussion Topics, Thursday 5 July 2018:

FAQ: How many days can I stay in the USA after H-1B denial a detailed discussion? || Applying for H-1B transfer while an extension request is under RFE|| Other: Applying for EB-1C, international managers/executives criteria || Desertion charges for military, effect on green card || 151 years for getting green cards ||Age for adoption/adopting a sibling for immigration || Being outside the USA on EAD || H-4 trading stock || TN for Management Consultant || H-1B transfers with approved I-140 || Promotions while green card is pending || H-4 to H-1 change || H-4 change of status || Green card pending changing jobs within the same company||Travel ban || Bridge H-1B petitions || PERM experience letters title, etc.

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