21 Oct 2021 In October 2020, I filed an I-140 EB2-to-EB3 downgrade case, along with my I-485 application. Now, it looks like the EB2 India cutoff date may advance past the EB3 cutoff date. If that happens, will the USCIS automatically adjudicate my case as an EB2 case?
Answer No. If the I-485 was filed based on the EB3 I-140, the USCIS normally would continue to process it as an EB3 case. In order to have the case processed under the EB2 category, one option may be to interfile the previously approved I-140...23 Sep 2021 I read online that the USCIS has not approved any EB2-to-EB3 downgrade cases filed since October 2020. Is this true?
Answer No, that is not correct. We do not have any way of tracking how many of these cases have been adjudicated by the USCIS, but we can confirm that at least some of the I-485 applications the Murthy Law Firm filed for I-140 downgrade...05 Aug 2021 Overview of I-140 Downgrade from EB2 to EB3 Preference Category
Posted at 08:08hin Employment Based, For Employers, For Individuals, InfoArticle, Resident, Visa Bulletin, Worker
Historically, the employment-based, second preference (EB2) category for India has enjoyed a more favorable cutoff date in the monthly visa bulletin than its employment-based, third preference (EB3) counterpart. More recently, the cutoff date for EB3 India has surged forward, and has consistently remained ahead of...13 May 2021 In order for me to qualify for an EB2 position with my current employer, I need to evidence my work experience with my previous employer, but my old employer will not give me an experience verification letter. Can I force them to give one to me?
Answer There is no requirement under immigration law that normally would force a former (or current) employer to provide you with an employer verification letter. However, there may be other options to evidence your previous work experience, such as affidavits from former co-workers. (13.May.2021) Sheela...12 May 2021 EB2 India Expected to Move to Dec 1, 2010 in June 2021 Visa Bulletin
Charles Oppenheim, the Chief of the Immigrant Visa Control Unit of the U.S. Department of State (DOS) spoke this evening (Wednesday, May 12, 2021) at the annual year-end Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). As many of you may know,...15 Oct 2020 I am filing an EB3 downgrade case. I read online that, if I use my I-485 EAD (as opposed to staying on H1B,) I will no longer be eligible to upgrade back to EB2. Is that true?
Posted at 11:39hin Employment Based, FAQs, For Employers, For Individuals, Resident, Visa Bulletin, Worker
Answer For our clients who are on H1B, we normally recommend that they remain on H1B until the green card is issued, if possible. The main reason for this is as a simple precaution in case the I-485 is denied. (i.e., If an I-485 applicant...08 Oct 2020 If I downgrade to EB3 now, can I later upgrade back to EB2?
Posted at 10:17hin Employment Based, FAQs, For Employers, For Individuals, Resident, Visa Bulletin, Worker
Answer There is no rule that specifically prohibits this. We have done this successfully in the past. But, depending on the circumstances, there may be risks in doing so. (08.Oct.2020) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on...08 Oct 2020 What are the chances the EB2 India priority date will advance further next month?
Posted at 10:14hin Employment Based, FAQs, For Employers, For Individuals, Resident, Visa Bulletin, Worker
Answer The latest predictions are that the final action date for EB2 and EB3 India will continue to advance. But, it remains to be seen whether the USCIS will continue to allow for use of the dates for filing chart next month. (08.Oct.2020) Sheela Murthy...