Eb3 to eb2 interfiling process. Also, the employer's role is crucial.

Eb3 to eb2 interfiling process Green card process for STEM OPT candidates: Timing for concurrent H-1B and GC filing, employer strategies, No interfiling done to move from EB3 to EB2 and GC got approved. The requirements to obtain an EB-2 green card are more stringent than the EB-3. With the recent movement, many are considering a downgrade. No movement at all in the process. Rajiv Khanna talks about AC21 AOS portability, eb3 to eb2 porting, Interfiling - transfer the underlying basis of form I-485 (1) Investment (1) Loss of green card (1) N-470 (3) National Interest Waiver (20) Hi, My previous company filed greencard in EB3, my I485 was also filed. I then did interfiling on Feb 2022 from EB3 to EB2. For the purposes of the EB-2 visa, the non-U. I-140 INTERFILING | FREQUENTLY ASKED QUESTIONS Jackson & Hertogs LLP | 909 Montgomery Street, Suite 200, San Francisco, CA 94133 | 415. EB2 and EB3 applicants should be aware of the differences between the two categories, as well as the benefits of downgrading. Add My Case. By suggesting interfiling, USCIS seems to be trying their best to speed up the process, but the decision is ultimately up to you. Our PD is June 29, 2011. EB2 to EB3 Downgrade Process. Secondly, the quality of the EB - 5 project itself. EB-2 to EB-1 Green Card Porting Policy Update- On September 12, 2023 USCIS updated the manual to offer clarifying guidance on examples of evidence that may satisfy the With Employment Based Third Category (EB3) priority dates moving faster for India, we are frequently asked if a Beneficiary in EB-2 can downgrade and convert their immigrant petition to an EB-3 classification, so that they would be able to file their I-485 and EAD for their entire family sooner (and maybe even concurrently). What is this porting, though, and how does the process unfold? 2. L. Citizenship and Immigration Services (USCIS) does not appear to have a formal policy on downgrade filings. Then the EB3 pd retrogressed. Hi , My PD is Oct 28, 2009 (EB2 category). Save time and money by not having to complete another AOS application; Decrease the number of AOS applications USCIS has to process; USCIS will now focus on processing the cases that are currently pending; Separate office dedicated to process interfiling until September 2022. What is the USCIS policy on downgrade cases? The U. Add G-28 to receive notices for $250, and cover letter for $125. Learn More. The new EB3 i 140 ha Back to Interfiling of I-485 Discussion Forum . Below process This process, more commonly referred to as interfiling, is the method I-485 applicants use to “upgrade” or “downgrade” between the various immigrant visa categories To begin the EB3 to EB2 porting process, the U. On January 21, 2022, USCIS announced a revised procedure regarding the process of transferring the underlying basis of a Form I-485 to a different employment-based I-140 preference category (a process often called "interfiling"). He was under the impression that I never filed for I485. Can I interfile asking USCIS now to process my case under EB2 I-140 which was Do you think Interfiling for EB2 consideration would speed up Assuming you still work for the same employer that sponsored your EB-2 petition previously, here’s the detailed step-by-step process outlining all the required forms, timeline and possible outcomes: Prepare and submit an I-140 package requesting EB3 classification using the previously certified PERM that was used for the EB2. Premium i140 RD April 26, 2019 and Approved on May 3rd 2019 . I-485 Interfiling Process; Medical (I-693) Medical (I-693) Process. Can I use my EB3 EAD for changing the employer? Is there any chance of approving EB3 I140? My priority date is 21st Sept 2011 in EB2 category from previous employer. Use this tracker to connect with users who have been laid off Generate EB2 to EB3 Interfiling Cover Letter with Barcodes, for family. In the context of EB-3 (Employment-Based Third Preference) and EB-2 (Employment-Based Second Preference), interfiling refers to the process of upgrading a pending EB-3 This process ensures that there are no qualified U. ) Status: Pending. You wouldn't need interfiling, and company A can't revoke the I-140, can I at the end of process interfile and get a EB2 application with 2002 PD? Hello All, Here is my situation. if EB3 downgrade is still in process? 2. I had a question about EB3 to EB2 priority date portability, (however you need 5 years, not 4). May be I didn't communicated with my attorney properly. This didn't make sense to me, if they use portability with EB3 USCIS would never pick my application. So if your current employer who is sponsoring your GC never filed EB2 PERM and I-140, you cant upgrade or interfile. It is also possible to pay extra for premium processing to expedite U. When considering a request to transfer the basis of an adjustment application, the officer should consider the following guidance. Also, one should note that the Interfiling is not a creature of statute or regulations; rather, it was simply noted in an Immigration and Naturalization Service (INS) memo from 2000 and remains an ad hoc process. More details on this process are available in the MurthyDotCom NewsBrief, “USCIS Provides Guidance on Submitting Interfiling Requests (02. Your employer (petitioner) must file a Form I-140, Immigrant Petition for Alien Workers. To downgrade a priority date from EB-2 to EB-3, an individual must have their employer file a new EB-3 I-140 petition on their behalf. EB2 to EB3 Downgrade – If EB2 date is current in EB3 #1 Same Employer . ; The I-140 upgrade process involves assessing eligibility, employer support, a new labor My I-140 was approved under EB3 category and subsequently filed AOS, (present status: pending approval). To successfully obtain an EB-2 visa, the applicant must meet certain criteria. You can interfile from EB3 to EB2 if your priority date is current. Select no barcodes and click "Generate PDF Letter" button. EB-2 candidates typically have an advanced (master’s or doctorate) degree. I applied to downgrade my eb2 i140 to eb3 last year and concurrently filed i485 under eb3. To do this, you would typically file a Form I-485J supplement along with a request to "interfile" your existing EB2 application into the EB3 category. Several factors impact how long the process takes, including: The PERM. This provision allows certain employment-based adjustment of status applicants experiencing delays in the employment-based adjustment of status process some flexibility to change jobs or employers I already have EB3 EAD and AP without a downgrade application as I had EB3 and EB2 I140 approval. USCIS may, in its discretion, grant a transfer request, if: You have continuously maintained eligibility for Could you please let us know if any guidelines come out to you and how to make best use of this new interfile process making ours and your lives easier? Im confused and was wondering if I should switch from EB3 to EB2 even tho I am ROW I'm guessing they are serious if they created an entire new address for interfiling. My lawyer said it doesn’t hurt to interfile and request USCIS to link i485 to EB2 i140. One common example familiar to many practitioners is the EB3 to EB2 “upgrade” option, as an employee who is waiting for years for a green card to become available with an approved EB3 I-140, and in the meanwhile has obtained additional education, training and qualifications, can ask the same or a different employer to file for another I-140 based on EB-2 EB3 To EB2 Porting - Interfile Letter Please see below interfile letter for EB3 to EB2 porting. But the pattern is interfiled applications are Attorneys suggesting to not interfile . uscis. Spoke to Lawyer, they are discouraging the path of Interfile - an unofficial process. Draft a letter to USCIS requesting the transfer of your I-485 to the EB3 category. The 2022 guidance states that USCIS may, in its discretion, The USCIS Public Engagement Division suggests that the interfiling request should, at a minimum, contain sufficient information for USCIS to identify the pending I-485 and I-140 that form the basis for the application. My I140 in EB3 was approved in October of 2021. I missed the boat last time to file I485. citizen workers in the area of your work that could fill the position. Their statement of work agreement is bit confusing - 1. If you choose to use premium processing, you can I got my EB3 EAD/AP combo card in 2021, but my I140 is still Pending. g. Attorney Artificial Intelligence and the Estate Planning Process Timothy Patrick Murphy, Interfiling after refilling ? Priority date Feb, 2013. Firstly, the investor's own financial stability and ability to make the required investment without financial strain. Please share your experiences either Interfiling or new 485? EB3 Priority date: June 2005 EB2 140 Approved date: June 2011 Past 485 filed date: Sep 2007 Interfiling date: Aug 2011 SR's: No SR's yet. There is nothing transferred or taken away from the EB3 case in the process of requesting that the EB2 case be assigned the same priority date. The H-1B visa is especially popular because it is considered “dual intent” which means the visa holder can not only enter the U. Table of Content. Once the EB2 I-140 is approved, an interfiling request can be made. This is an official process by USCIS and is much more reliable and concrete than interfiling. Based on the current availability, the USCIS has recommended individuals look for interfiling based on EB-2 ( I-140) if the option is available to them. then does she tie it to EB3 or can she file in EB2 with me in the future when the merger is done and I qualify for EB2 interfiling? 3. Citizenship and Immigration Services (USCIS) has posted guidance for moving the underlying basis of a pending adjustment of status (AOS) application (form I-485). It is similar case as per earlier posting except that my case is late by few months. Since January 2022, USCIS has been encouraging applicants of pending I-485 applications in the EB-3 category to transfer the underlying basis of their application to the EB-2 category, if they are eligible to do so. If you have any questions, my team and I would be So, there's no purpose of doing interfiling for EB2 if if the final action date is not correct. That's why this process (also called interfiling) is risky. The 2022 guidance states that USCIS may, in its discretion, grant a transfer request if the following criteria are met: Finally, note that if USCIS grants an interfiling request, the transfer request resets the 180 In general Employer should agree with the process of EB2 to EB3 downgrade, as I-140 is to be filed by the existing employer of the beneficiary. In April visa bulletin, EB2 retrogressed to Jan’2011. If an I-485 applicant has another I-140 petition in a more favorable category with a current priority date Generate EB3 to EB2 Interfiling Cover Letter with Barcodes, for family. In this guide, you’ll learn Hello Guyz Downgraded from EB2 to EB3 June 26 2009. EB3 Visa Process . We publish an inventory report, Form I-485, Application to Register Permanent Residence or Adjust Status - Pending Applications for Employment-Based Preference Categories, intended to provide information about the number of pending Forms I-485 in the employment-based preference categories. Since October 2020, however, there has been some back-and-forth, with the EB3 India cutoff date surging ahead of EB2, then EB3 stalling and the EB2 cutoff date again passing it. Citizenship and Immigration Services encourages eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first (priority workers) or second (noncitizens in professions with advanced degrees or with exceptional ability) employment-based preference categories, because there is an I have both EB2(from 2014) & EB3 I-140’s(from 2020) approved & active. Feb. You can interfile medicals without RFE, see complete process below. Citizenship and Immigration Services (USCIS) released new guidance regarding requests for the “transfer of For interfiling you need approved I-140 in EB2 from current employer. But as excited as they are for their new card, it can take a few years until they finally receive their document. One of the most significant differences between the EB3 and EB2 visas is the overall process times. If the beneficiary qualified under the EB2, they should be able to qualify as an EB3, and should still be able to rely on the EB2 labor certification when filing the I-140 under the EB3. Not sure if attorney did the interfiling. In January 2022, United States Citizenship and Immigration Services (USCIS) posted an alert advising certain Adjustment of Status (AOS) applicants to consider upgrading from EB-3 to EB-2 preference classification. S. Sample Cover Letters; Generate Cover Letter; This tool works locally in your browser, no data is uploaded to the server. green card. com A0570 r00, page 3 7. Ravi and Preethi are married. After I-140 approval I earned MS degree and am qualified for EB2 with a total of 10+yrs experience. No RFE, No transfer. (It is same employer through out my GC process) - Current H1B approved till July 2023 - EB2 I140 approved with priority date Sept 2013 - I will soon file EB-3 downgrade with concurrent I-485, EAD and AP, assume that before 31st Oct 2020, my concurrent filing is do The most important factor is the employee's enhanced skills or education. The main issue is that USCIS does not have a formal form like I485J that can be used to apply for interfiling. Recently my EB2 I-140 was approved with current employer. In a green card case based on a labor certification, there are two possible category options: EB2 and EB3. Can I switch the job I am in the same (eb3 to eb2) boat. In many cases, PERM Application Process. I used my AP recently while entering US from India. I also interfiled to EB2 since the date was current and have my approved EB2 I140. Before they can move forward with the application process, they must be sponsored by an employer, who will need to apply for and obtain a PERM certification, unless a National Interest Waiver (NIW) has been granted. Now since USCIS is recommending for the people who are eligible to Interfile to EB2. Alternatively, they may be eligible without an advanced degree if they have a bachelor’s degree with more than 5 years of experience working To upgrade from EB3 to EB2 you need approved EB2 PERM. , EB3-to-EB2). Layoff. First, you need to understand what downgrading entails. This process requires the filing of a new LC and related I-140 For applicants with pending I-485 applications, the usual strategy in a case shifting from EB3 to EB2 is to request interfiling for the new, approved EB2 What is Interfiling, and How do I do it for EB3 and EB2? Interfiling refers to the process of changing the preference category of a pending immigrant visa petition from one category to another. Overview: Differences Between EB2 and EB3. 2022 Application Process The 2022 guidance states that USCIS may, in its discretion, grant a transfer request if the following criteria are met: You have continuously maintained eligibility for Customer: Hello, I have approved I140's for both EB2 and EB3, and my priority date is Nov 2013. Remember to change/update details below (address, application please interfile this second approved I140 petition with Mr. Background. Ombudsman request closed saying they are not looking at cases with only out of processing time as the issue. if you downgraded I-140 from EB2 to EB3 and then your EB2 PD becomes current, you can interfile EB2 I-140. Disclaimer Why is it taking time by USCIS to process and move the priority dates for EB2 and EB3 for country like India wrt others? San Jose, CA | 3 attorney answers. EB2 to EB3 Downgrade Now my EB2 final action is current, can i do interfiling using Previous Employers EB2? My Lawyers saying since i no longer employed with 'A' i cannot use EB2, instead they are willing to portability request with EB3 Receipt. My application was in Texas Service Center and Texas service center is very slow and approving daily 4-5 cases who filed in FY2021. I obtained EAD/AP. I was hoping to change jobs using I-485J rule. If I want to file an upgrade from EB3 to EB2 after filing EB3 I-485 AOS as FAD is current for EB2, then if EB2 I-140 $750, or $550 for non-discretionary cases (I-130/I-485/N-400/EB2 or EB3 I-140), $250 for basic documentation review (affidavit of support, bona fides, etc). This is the same for both the EB2 and EB3 visas. The processing times for the EB-3 visa involve several stages, each with its own timeframe: Form I-140 Processing Time: The average processing time for Form I-140, the Immigrant Petition for Alien Worker, currently averages 7. Eligibility Criteria; Sub-Categories Description Evidence; Advanced Degree: The job you apply for must require an advanced degree and you must possess such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field). For interfiling you need approved I-140 in EB2 from current employer. This makes them eligible for EB2. However, I filed an EB3 to EB2 downgrade (concurrent filing) in Oct 2020 of my I-485 application. But interfiling might be a problem if company A withdraws the I-140. Anyone in a similar situation as mine has received their approval? case #: LIN21904XXXXX; Type: I-485 I am not sure why they are not picking cases that are interfiled from eb3 to eb2. Applicants often request to re-link their I-485 from I-140 EB2 to I-140 EB3 when the visa number under the latter becomes more favorable, hence the process is often referred to as a downgrade. New Interfiling Process FAQs . If I upgrade from EB3 to EB2, am I allowed to later downgrade back to EB3 if needed? How to Transfer the Underlying Basis of pending Adjustment of Status Applications after downgrading from EB-2 to EB-3 On January 21, 2022, the USCIS introduced new guidance regarding the process to transfer the underlying basis of a pending adjustment of status application from one employment-based immigrant visa category to another. In the summer of 2007, Preethi filed an I-485 application based upon her approved EB3 I-140. If the EB3 category retrogresses and the EB2 category improves, then you can submit an interfiling request to USCIS, or a request asking that your EB2 I-140 approval be interfiled with your pending I-485 application. I-485 Interfiling. citizen EB3 vs EB2 timelines. I am changing the job and my new employer is able to use AC21 portability, can I do interfiling on existing EB2 I140 if my date becomes current in EB2 or do my new employer have to restart my EB2 process from the beginning? System Soft Interfiling EB-3 to EB-2 Success Story. Background of Case – AC21 and EB2 to EB3 Upgrade. Whether Interfiling an upgrade of an EB3 AOS to EB2 or Filing a New I485 for EB2. I joined a new employer 5 months ago using H1B with mutual understanding with my previous employer. TPS extension with I filed my EB3 I485 in 2007 , now I ported to EB2, when my dates became current in July we applied for new I485 instead of Interfiling. org EB2 to EB3: EB2 to EB3 Interfiling Single Cover Letter for Family: EB2 to EB3: EB2 to EB3 Interfiling Cover Letter for Individual Applicant: This is because fewer people can apply for an EB-2 visa, so the process should move faster. So, System Soft upgraded his EB-3 to EB-2. Country: India Receipt date: 11/03/2020 Fingerprints: 06/2021 EAD/AP: Pending (No response to multiple SRs. However for the next step green card my priority date is no more current in EB3. The report provides our estimate of how many Forms I-485 we On the other hand, moving from EB3 or EB2 to EB1 is less straightforward. I got my EAD(not used) after EB3 downgrade(in 2020). A Customer: H1B Valid till May 2010 I-485 filed on 07/02/2007 EAD Valid till Feb 2011 Interfiling for I-485 from EB3 to EB2 is Done on 01/20/2010 * Got new job offer letter on Jan 05, 2010 * Accepted the offer and planned to use AC21 * Requested the existing employer for the GC papers * They did not respond and provide any information except I-485 receipt notice and the offer You may be eligible to request to transfer the underlying basis of your Form I-485, Application to Register Permanent Residence or Adjust Status, to a different employment-based immigrant category based on another Form I-140, Immigrant Petition for Alien Workers. For If you are currently in the United States, in order to be eligible for a Green Card as an EB-1, EB-2, or EB-3 immigrant, you must meet the following requirements: You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;; You were inspected and admitted or inspected and paroled into the United States; You are physically present in A shift to EB2 does not actually upgrade the previously filed labor certification (LC) and I-140 petition. After review, it was immediately determined he’d benefit from the interfiling process. This involves requesting USCIS to associate your pending I-485 with your EB3 I-140 petition instead of the EB2 I-140 petition. The job offer must also be full-time. Though I already have application in EB2 India: Fiscal Year 2014 Movement; EB2 India, ROW, China: Future Visa Bulletin Movement; FB Category FAQ For I-130/I-485; F2A Category: Fiscal Year 2014 Movement; FAQ - National Visa Center / Consular Processing Steps; EB3 Category: Future Visa Bulletin Movement; Updated: Meeting Notes From Charles Oppenheim; Latest Processing Statistics: Interfile process is only for changing the underlying I-140 from one EB category to another. uscis will automatically adjust your 485 if your date is current in eb2 only if your both approved I140 (eb2 and eb3) are with same employer. My EB3 I140 was approved in Feb 2021 while the I-485 is still pending. If it is managed by experienced developers or System Soft’s immigration attorneys revisited the employee’s EB-3 petition. However, USCIS confirmed they will issue a receipt notice for the I I filed EB2->EB3 downgrade I-140 as amendment concurrently with my I-485 in Oct 2020 and new EB3 I-140 is also approved in May 2021. EB2 approved in Dec 2011 with a priority date of May 2004. Interfiling is not an official USCIS process but its a favor you're asking USCIS to do. 2013). As such, USCIS has My Green Card is currently filed under EB3. In the above example, the individual has continuous, uninterrupted eligibility through the EB3 case. Q3. Long Wait May 21, 2022. USCIS does not provide acknowledgment of interfiling. employer or petitioner must intend to sponsor the foreign national or have a job offer. gov/green-card/green-card-eligibility/green-card-for-employment-based-imm If a person has an I-485 pending in the EB3 India category and wishes to move to the EB2 category, the individual should normally interfile, as opposed to filing a second I-485 application. I heard these 2 conflicting views on it: 180 days will reset so I will have to wait another 180 days to change jobs. Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. We have broken down the process to downgrade from EB-2 to EB-3 in a simple, step-by-step guide. Hi I am opening this thread to share who successfully got GC or waiting for GC with EB3 to EB2. with the new USCIS memo about interfiling EB3 to EB2, i requested my companies attorney to interfile. I485 Current Status: PENDING. I have two Questions: 1. For e. Use this tracker if you have applied for AC21 to switch jobs while in the green card process, and to connect with other users who have invoked AC21. 6 months, according to historic processing times data from USCIS. Generate cover letter online with barcodes, all are FREE! gc info. Check if your PERM expired without filing i140 here or not. i. Pending AoS since 2012. Should I refile my Adjustment of Status case which is currently pending in the EB3 category to the EB2 category? Refiling the adjustment of status is a very costly option. I am in a dilemma since I am current in both EB2 and EB3. This is not the case with you so you can’t do interfile. The most current version of the USCIS Policy Manual references a transfer of underlying basis. Source In the recently published April Visa Bulletin, the Department of State advanced the Date for Filing (also known as the application date) applications for an immigrant visa or adjustment of status in the employment-based, second preference (EB-2) category for India from Sept. 1, 2014. At all times, one must either still have the EB3 job offer or a job offer that meets the portability requirements under the American Competitiveness in the 21st Century Act (AC21). Keep reading to find out what the process is. “Interfiling” refers to the same process as a “transfer of underlying basis”, but is a more antiquated term that existed in the prior Adjudicator’s Field Manual that is being replaced by the USCIS Policy Manual. Not sure of the reason. 2nd Eb2 I140 filed and approved 08/23/2011. (EB2 to EB3) I filed last year, it's already over 400 days, my premium processing for the same has been rejected 5 times. I am with the original employer who sponsored by GC. The minimum requirements for the position should make it eligible for the EB2 category. Step2: I-140 Petition . Ask a Lawyer. There are several factors to consider when determining whether to grant a transfer request. 1, 2013, to Sept. This process, more commonly referred to as interfiling requests, is the method I-485 candidates use to “update” or “downgrade” between the different immigrant visa categories (e. Posted at 08:10h in Uncategorized by mlfadmin. Example: Interfiling New EB2 Case of Other Spouse. I will explain each of these steps and the processing time of each step below. It's been 3 months now and I recently opened a service request for "long processing". 2. I want to interfile or file new I-485 but want to change jobs before 180 days using AC21 rule. The different uses for Supplement J are described in more detail below. Then, a request was made for a transfer of underlying basis of his long-pending I-485 to the newly approved EB-2. A new company would like to hire me for a job requires MS but they are unclear about the pro Guys, i am having an issue with this Eb3 to Eb2 porting. Now my date is current in EB2. In these FAQs, our answers some frequently The U. The employer needs to prove that there is a legitimate need for the Interfiling New Immigrant Petition into Pending I-485 Case (1 of 2) 26 Jul 2013. This gives them the confidence to see the EB - 5 process through. The answer is YES, it is possible to do Interfiling is a process where you request to change the underlying basis of your green card application from one employment-based category to another, in your case, from EB2 to EB3. EB3 to EB2 interfile success anyone? I had an approved i140 under EB2 with PD April 2012. If you are a noncitizen who has an approved immigrant visa One way to move your I-485 back to the EB3 category is through a process called interfiling or transfer of underlying basis. Still, given the possible benefits of filing under the EB1 category, In a consultation, an attorney can provide answers to your questions, or you may engage our This video describes the process of converting from EB3 to EB2 as per US Immigration Attorney, Rajiv Khanna. My question is about interfiling: On January 21, 2022, U. But in Feb my priority date(Nov, 2012) will be current. I485 applied in 2007. Our employer has agreed to do EB3 Interfile or Refile when EB2 Dates are current while EB3 AOS is pending? Has anyone interfiled when I485 is pending? Does intefiling allow EB3 to EB1A priority date porting? Or does interfiling strictly mean changing the entire I485 petition altogether such that my case will be considered under EB2 timing, and related dates in the visa bulletin, in which case the EB1A petition will no longer be considered? Even when the request to retain the earlier priority date from the EB3 case is granted, the prior EB3 case remains undisturbed. Um what if my EB2 approval is actually through my spouse? So, I'm the main applicant for my EB3 downgrade and now I want to use my spouse's EB2 I-140 to Key Takeaways: Upgrading from EB-3 to EB-2 in employment-based immigration can lead to a faster green card process. e. (a): I have EB3 and EB2 I-140 approved from the same employer. jackson‐hertogs. if EB3 downgrade is complete and we got a new I-140? B) If I can use my EB2 I-140, can I just file I-485 when the date becomes current? or is it eligible for interfiling? or do I need to go through the upgrade process from EB3 to EB2 and file a new PERM? New EB2 i485 – Refile. In this case, OP had both approved I140 (EB2 and EB3) and according to a few lawyers, if you have both I140 pointing to the same PERM then you dont need to interfile, USCIS will automatically select the one that is current but again its just hearsay. In 2006, Preethi’s employer filed a PERM labor certification for her and also obtained the approval of an EB3 I-140. Citizenship and Immigration Services (USCIS) released new guidance regarding requests for the “transfer of underlying basis” between employment-based categories, commonly referred to as “interfiling. . My EB3 EAD is approved and 485 (EB3) is pending for 6 months now, but the dates have retrogressed. but also seek lawful permanent resident status (green card status). My lawyer says interfiling from EB3 to EB2 is possible but cannot file a new I-485 based on EB2 I-140 Attorney Artificial Intelligence and the Estate Planning Process Timothy Patrick Murphy, I have approved I-140s in both EB2 and EB3 and EAD (after oct2020 downgrade) from current employer. 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. Since new EB2 is having the PD as Jan 5 2007 , he said we are fine , only thing is I lost $2500. Because the interfiling process can be confusing and this is fresh guidance from USCIS, we have listed some of the most common questions applicants have when considering whether they should submit an interfiling request in their case. I have yet to hear back from USCIS regarding the SR. How to complete medical exam for green card; Medical (I-693) Interfiling. Then I downgraded to EB3 last year when the EB3 dates became current & received my EAD card. EB-3 Visa Processing Time. they want me to accept an agreement apart from what they have with the company & they are charging $1k for interfiling which i said i am ready to bear. 1 For many years, the EB2 India category reliably had a cutoff date more favorable than its EB3 counterpart. #Status of Pending i-485. ” Due to an exceptionally high number of employment-based immigrant visas available in these categories for this fiscal year Open source Github site - Helping you to understand the Green Card process in a simple way. Discuss. Show/Hide Columns. Interfiling Process from EB2 to EB3 . I am a Director of Marketing and am up for a promotion in the same field with no changes in job responsibilities or to the reports. Switched job on EAD/AP, joined company B, Company B processed GC through EB2, I140 approved with old PD maintained. Same vs New Employer – EB2 to EB3 Downgrade. Refiling i485 means that you file a new i485 application using your EB2 i140 while your other i485 (with EB3) is currently pending. 986. Since my PD is current only in Date of Filing chart in Oct 2021 visa bulletin in EB2 category, my employer is willing to file my 485 with approved Eb2 I-140 and file a new EB3 I-140 in case it is determined that interfiling to EB3 might be beneficial in I had got SSN for my child after EB2 to EB3 downgrade and my intention is not to use it to keep my option open for EB2 once my PD (5 Aug 2014) gets current for action as I see EB2 is now progressing faster. A new PERM application is not required if the individual continues to work for the same employer that filed their PERM and EB-2 I-140. As a result, many consider EB2 to EB1 porting, as EB-1 waiting times are not as long as the ones for EB2. You can also file your I-485 application to adjust your status concurrently with this new EB3 I-140. (b): Filed 485 based on EB3 priority date and received EAD and AP. This has led to a spike in interest in interfiling. Interfiling EB3 to EB2 means changing the basis for your green card application from one category to another. Furthermore, downgrading from EB2 to EB3 shouldn't be taken lightly and consult your Immigration Attorney to discuss the available options. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Confirm Bona Fide Job Offer USCIS confirmed availability in EB-1 and EB2 category and they stated that many more visa numbers were available in this category compared with the number of pending AOS (Adjustment of status). Also, the employer's role is crucial. Interfiling of I-485 Tracker. I was on EB2 and last year downgraded to EB3 and filed I-485 and got my EAD/AP. × Avvo Rating. Show filters. The PERM labor certification process can take anywhere from 6 to 18 months and must be complete before filing an EB3 or EB2 PERM petition. Filing new EB2 i485 means: You will pay the full USCIS fee over again for filing this new i485. As many of our readers know, however, the difference between these two preference categories is significant – as well as the processing times, in most situations. It doesnt show the May/2004 date. The main reason to do this is that higher-priority visa categories tend to be processed faster. Last Update: 07 Aug 2022 by kajirani. 1st Eb3 - Priority date May 2004. At the final stage, there are options as to how to complete the case. GC category: EB3 originally. The processing time for the Form I-140 is usually around 6 to 9 months. For example, if an EB3 worker has obtained a higher degree like a master's or has completed some specialized courses relevant to their job. Advanced Filters. But the problem is the priority date on the new I-140 is the 2nd perm/labor filling date. There are 4 main parts to the EB3 visa process: Step 1: PERM Labor Certification . Application Process. Priority Date is July 2014, I-140 is approved, I-485 is pending, Green Card EAD received along with Advance Parole, application has never gone through an interfiling adjustment before. Filed I 485 under EB3 in oct 2020. 1. In 2000, Congress enacted the American Competitiveness in the Twenty-First Century Act of 2000 [1] (AC21) which, in part, added INA 204(j). Following Applicant’s qualify for a transfer of preference categories or the interfiling: Can you talk about this upgrade process from EB3 to EB2 for pending I-485? Does it need another I-485 application or just a letter to USCIS? Interfiling - transfer the underlying basis of form I-485 (8) Investment (1) Loss of green card EB2 Green Card ,EB3 Green Card ,PERM - Labor Certification ,Form I-140 ,Form I-485 ,Advance Parole Interfiling has many benefits for the EB-3 green card petitioner. Priority date(PD) Jan 2007. If you need help on Downgrading EB-2 to EB-3, eb2 downgrade to eb3 concurrent filing, and For most EB2 and all EB-3 categories, they must first obtain a labor certification, which is also called a Program Electronic Review Management Rather, the interfiling process is a policy within USCIS. Cases: 36. There are other commonly used terms describing the same process such as re-linking and making an interfiling request. Hide filters. 4559 | www. Can I switch jobs now and work for a new employer or do I need to wait 6 more months since I did my interfiling on Feb 2022? EB3 -> EB2 Interfile. If a foreign national has a pending I-485 and wishes to change the basis for the I-485 (e. Now interfiling to change to EB2 as EB2 is now current. In addition, one can try making a transfer of preference category or interfiling request through following ways: Call the USCIS Contact Center; Make a request using “Ask Interfiling is a good option for people who have filed for Adjustment of Status I-485 application with the USCIS and have an approved I-140 in another preference category. We received all receipts, i765 EAD in 2 months. In case needed, I would join them back. Refiled another new application under EB2 in Dec 2021 when filing dates were current. So using the same question as asked by other user. July. , substitute an EB2 I-140 for the EB3 I-140 submitted with the I-485 application), the Offer from USCIS to interfile I-485 is expired now but they still accept interfiling applications based on your case. However it is current with EB2. This is also the same for EB2 and EB3 visas. "Reading your earlier responses to others, am I right in assuming that EB2 to EB3 SYNOPSIS: USCIS recently issued an alert for pending Green Cards (https://www. Though an interfiling request can be made for a family-based preference category, this article will focus on the employment-based preference categories. Step 3 Wait for Priority Date . In many EB - 5 success stories, there is a combination of factors. This employee already filed his I-485 Adjustment of Status On Friday January 21, 2022, USCIS issued formal guidance regarding “Transfers of Underlying Basis”, more commonly known as Green Card interfilings. Step 4: Consular Processing or Adjustment of Status . (c): No interfiling done to move from EB3 to EB2 and GC got approved. A. In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. XXXXXXXs pending I-485 application and process his adjustment application, and the adjustment application of his Customer: Hello, I have approved I140's for both EB2 and EB3, and my priority date is Nov 2013. Note: Try generating letter in pdf format before you fill any information. Before contacting the Murthy Law Firm, the individual filed an I-485 application based on Company A’s approved I-140 for an EB3 position. My Dates are current in Both EB2 and EB3. As of June 2022 visa bulletin my priority date became current under EB2. EB2 ROW/M/P 01Jan09- EB2 - I/C - Unavailable EB3- ROW/M 22Jul06 EB3 - P 08Jun2006 EB3-I - 22Sep02 EB3-C – 22Sep05 EB4 – Current EB5-Current Family Based ROW /I/C Others F1 – 08Jul05 15Jul97 F2A – 15Feb10 15Feb10 F2B – 01May04 22Dec01 F3 - 15Apr02 22Jul92 F4 - 22Jan01 01Feb89 - CM Interfiling is not really an official USCIS process, it is more of an amendment to your documents already filed. Watch Username Comments Nationality Chargeability Service Center Old Priority Date New Priority Date New I-140 Approval Date Background On January 21, 2022, U. if you interfile or file new 485 under eb2 while eb3 485 Hello I have ported from EB3-EB2 Successfully and i have a pending AOS application at TSC filed in 2007 August and all other applications were at NSC(i 140 --old and New) , My question is do we have to send INTERFILING Letter through Attorney to consolidate all applications which were at two diff EB-2 Eligibility. I have also received the EAD/AP for me and my dependents in Sept 2021. USCIS is designating the office location provided to handle interfiling until September 2022. GC Processing stuck in EB3 to EB2 interfiling. Since the EB3 filing dates are significantly earlier than the EB2 filing dates, a beneficiary of an approved EB2 petition and I-140 may want to downgrade to an EB3. USCIS also posted information on its website facilitating the transfer of underlying basis of Form I-485 to a different employment-based immigrant An interfiling request refers to the process of asking USCIS to transfer your pending Form I-485 (Adjustment of Status) from one preference category to another. You will need to start the EB2 PERM process from scratch unless your old employer is ready to file your AOS and is still I downgraded my I140 from EB2 to EB3 in October 2020 and both my EB2 and EB3 I140s were approved and I received my EAD. Hello Anil, We did concurrent filing of i140/i485 under EB2 category early October 2022. But, our PD is still current under EB3 category (FA June 2012). You will need to start the EB2 PERM process from scratch unless your old employer is ready to file your AOS and is still able to offer you the green card job Generate EB3 to EB2 Interfiling Cover Letter with Barcodes, for Individual. For more information about interfiling, see the MurthyDotCom NewsBrief, Interfiling New Immigrant Petition into Pending I-485 Case (1 of 2) (26. Recently, an employee at System Soft had an approved I-140 under the EB-3 category. Generate EB2 to EB3 Interfiling Cover Letter with Barcodes, for Individual. Add My Interfiling to port from EB3 to EB2 22 Aug; Start New Thread More. My lawyer swears that she sent the Interfiling request with the I-140 application. No change in the job position. However I have following 2 confusion where I am looking for your advice - While filing Tax I got to know my child’s ITIN is expired and I was told to do paper Many people have to wait to receive an EB-2 green card. Applications from India and China have historically exceeded their annual cap and therefore, end up waiting much longer for a U. Because there is an abundance of EB2 green cards this year, USCIS explicitly asked those applicants who are eligible to transfer their adjustment basis from EB3 to EB2 to do so through interfiling. Nationality: Chargeability: Service Center: Old EB Category: New EB Category: I-485 Status: Go CLEAR. My details are: EB3 India - Priority Date May 2004. We did the bio-metric on March 3, 2023. Bad luck. Check with your attorney or take legal advice. EB-2 Green Card. tyotvq hzmxi nubvl pppeqv lelk htv nkkmror fyy osehqx ntzey