In this video, we'll talk about the October visa bulletin and, specifically, the rapid movement of
EB3 categories for certain countries, and why and how you should downgrade your petition from an EB2
to EB3 to take advantage of this rapid movement to be able to get your green card. So,
what are you waiting for? I'll see you on the other side. In this video, we'll talk about why,
and if you should downgrade your petition from an EB2 to EB3, as you know, I've done a video
updating you about the October visa bulletin, it came pretty late in September, and we really
were anticipating. And so, if you want to watch the video, we have a link to that video
in the description of this video. And so, in that video, we talked about the visa Bulletin
of October and some predictions. But here, in this video, I want to specifically talk about
what is the impact of the fact that there was not really a lot of movement
in the final action date chart. There's going to be two charts but there was a pretty good
movement in dates of filing, specifically for EB3, which really impacts mostly immigrants from India.
And so, in this video, we're going to talk about what happened and what would be some advantages
to downgrade from EB2, for those of you that are currently pending on EB2,
to EB3 and see how that's going to work. So, let's dive right in. All right. So, let's talk about
downgrading from an EB2 to EB3 preference, and can you downgrade, and why you should downgrade. So,
let's talk about it. As I mentioned in previous videos, I made the video about the October visa
bulletin that came pretty late this year, in this year, there was really almost no movement
whatsoever in the final action date but definitely a significant movement in the dates for filing,
and specifically, for certain countries. We're going to talk about it later in this
video. Like for example, in India, and for people that have priority dates,
after specifically, May 15, 2011, but before January 1, 2015.
There is a lot of talks online and many videos, some of these candidates may be eligible for
what is called a downgrade, to downgrade their petitions from EB2 to EB3. And so,
we'll talk about exactly what it means, in a second. So, if you look at the visa bulletin
for October, specifically in the third preference, we’ll look at the third category,
most countries are current, which means that they can file for their Adjustment of Status
and continue with their process, people that were waiting for a long time.
Countries, like Mexico right now, is current as well, the Philippines is current. But
India, in particular, had a big movement in the dates for filing. Currently, it's January 15.
And if you look at EB2, India, they're still behind, at 2011. So, that's kind of why
it's interesting for some people to downgrade because it's faster to move to EB3 category,
as opposed to the EB2 category. And that's what I mean by the downgrade
because EB3 is going so fast specifically for India. So, let's talk about how it works.
So, for you to be able to downgrade your petition, we have to look at a few things. First of all,
we're looking at, you have an approved I-140, which is the [inaudible] petition
in your EB2 category, right? So, that's the first thing that we need.
And then, we need to have a priority date, right, that is current in the EB3 category, just like I
showed… just when we looked at the visa bulletin a few minutes ago, the EB3 has to be current.
Then, we have to look at what is the situation of this particular employee. So,
typically, the same employer that filed for your EB2, right, that same employer that filed for EB2.
They can use that same labor certification, the one that you had approved to be able
to get that EB2. And if you're using that same labor certification, right,
that's an employer file a new I-140 for the employee, this time with the EB3 designation,
right, so that's kind of the trick. So, you have an I-140, that's been approved in EB2,
then we check the priority date, it’s current in EB3, you're still working for the same employer,
and that employer is now going to file a new I-140 petition,
this time designating EB3 category instead of EB2. But what is interesting here is that, now that
we have this new I-140, and there's no I-140 needed to be approved,
if you file this, I-140, you can file a 45 as well, with this new I-140. That's the whole
point. Because what the 45 is going to do, it's going to allow you to adjust your status. So,
that's the whole point. The point is that because EB3 is current, and you're using this new I-140,
you're going to be able to file this I-140 within your 45. The only thing is that you can't…
there's been a lot of talk about new premium processing fees and all that,
and extension. In this case, you won't be able to do premium processing.
Because if you remember when you file for an I-140, originally, they want you to have an actual
labor certification, the original one but remember that your original labor certification is filed.
It’s already filed with USCIS with your first case, with your EB2. Now that you want to
downgrade to EB3, all you're going to do is submit a copy of it, and let them know that you want
to do the downgrade but you won't be able to do premium processing because they won't take it. So,
that's one thing to remember. And that's essentially in a nutshell, how a downgrade
process is going to work. Let's talk about a few other things. So, what's actually going to happen
now that you downgraded? What's going to happen to your EB2 approval? Well, that EB2 approval
is going to stay valid, it's all good. And you can just use it later in the future if needed.
Also, remember that the first I-140 from your EB2 and the second I-140,
they also remain out there. So, both I-140 will be approved, and it's okay. You're going to have two
I-140s with the same priority date. It's all right. And then, what you're going to do is,
depending on which one moves faster. So, right now, it's EB3 but then there may
be a possibility that EB2 will go faster, you can choose the one you want to go with.
Now, if EB2 moves faster, right, that can be a possibility, then you're going to need
to file another adjustment of status because remember, you already filed one for the EB3,
you're going to need to have another adjustment of status I-45 to use with your new EB2,
I-140 in case that one moves faster. So, it's something to think about if
that happens but the key is that both I-140 are valid. You're going to be using them.
The thing that you have to remember… and people are always asking if they should do it… remember,
you got an approved I-140 for the EB2 and now that you're going to downgrade, immigration is
going to do a whole new assessment, right? And maybe, and just maybe, they may deny this I-140
because they don't have to take into consideration what happened. So, just something to think about
but that's the process of downgrading from EB2 to EB3. Hopefully, this was helpful.
If this information was beneficial for you, guys, let me know. And subscribe,
and give us a like because we're here for you. So, if you like this kind of videos,
I'll do more of those. And I’m looking forward to seeing you in our next video.