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Lawyer says no for eb2 to eb3 see details below what are my options?
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Lawyer says no for eb2 to eb3 see details below what are my options?
Last edited by seekhelp123; 06-21-2021, 10:46 PM. -
If I were you, I would just wait, and not downgrade to EB3. The reason for this is your priority date it not too far from the Final action dates for EB2 (India).
The EB2 to EB3 downgrade will give you EAD/AP, which is only beneficial in terms of travelling, otherwise H-1B gives you at least 3 years of work visa, as against the EAD which is only valid for a year. Yes, you can work multiple jobs, however it's not preferred until you receive your GC.
Plus, the entire downgrade process is a pain, especially in your case, where you have to wait for the labor certification, it just doesn't make sense to me.
I would suggest you just hang tight, I know you have waited so long already, so it's a just a matter of few more months, and you can file for AOS and will receive the GC, instead of just EAD.
P.S. This is just my opinion, not a legal advise ????
My Timeline:
5/15: Filed I140/I485/I765/I131 concurrent (Employment Based) for myself and spouse
5/18: Received at USCIS Texas lockbox
6/1: Reject notices received for all, except I-140, due to missing I-944
6/4: Re-filed and received I485/I765/I131/I944 at USCIS lockbox
6/25: Received NOA receipts
7/25: Received ASC biometric appointment notices for myself and my wife, scheduled for 8/03
8/3: Biometrics completed
8/4: Case status updated to "Finger prints applied"
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