Advice

Can you file EB2 and EB3 at the same time?

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Can you file EB2 and EB3 at the same time?

You cannot file EB2 to EB3 downgrade yourself. The US employer needs to provide you with an EB3 i140 application. i-140 is an employer-sponsored application and cannot be filed by an individual.

Can we port from EB2 to EB3?

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. To downgrade from EB2 to EB3, the applicant’s employer will have to file an I-140 Petition for Alien Worker and a PERM labor certification.

Why is EB3 ahead of EB2?

But, there is one more reason- because there is EB3 to EB2 porting. Under the Dates for Filing category, this is even more noticeable: EB-3 India advances by about five years while EB-2 India advances by two years. Sometimes, the wait can be as long as ten years for the priority date to become current on the I-140.

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Can EB2 priority date be ported to EB3?

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.

Why is EB3 faster than EB2?

Because EB2 ROW demand is high EB2 India will get no spillovers from there. But EB3 India will get spillovers from ROW. That is why in FY 2017, EB3 got more green cards than EB2. So in the future, EB3 will start moving faster and people in the EB2 wait list might downgrade to EB3 as it will be faster.

Why is EB3 ahead of EB-2?

Will EB3 move forward in 2022?

EB3 India Final Action – No forward movement expected in 2022 unless the estimated EB3 ROW demand is low. They will take decision in later part of the year.

Can we change from EB3 to EB2 after I 140 approval?

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The change to EB2 immigrant visa category does not actually “upgrade” the previously filed Labor Certification (LC) and Form I-140 petition. This EB3 to EB2 “upgrade” process requires the filing of a new Labor Certification and related Form I-140 petition, requesting EB2 classification.

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