Tweet
Hello,
I am an indian national working for a company here in California on H1-B. I have an EB2 based I-140 approved with a PD of 06/29/2009.
As you know EB3 dates zoomed past EB2 last month. Now I am in a dilemma as to whether to downgrade to EB3 and concurrently file an I-140 and I-485 or stick with EB2 and wait it out.
The questions I have around it are:
1. If I file now under EB3, what happens if EB3 retrogresses and EB2 picks up after I file for AOS? Is there a way USCIS can automatically look at the more favorable of the two dates (between EB2 and EB3) and adjudicate accordingly?
2. What is the general guidance in such cases? I realize these are only "Dates for Filing" dates and not the "Final Action" dates. Should I just stay put since Final Action dates are a lot closer?
Any thoughts/guidance would be very helpful!
Thanks.
I am an indian national working for a company here in California on H1-B. I have an EB2 based I-140 approved with a PD of 06/29/2009.
As you know EB3 dates zoomed past EB2 last month. Now I am in a dilemma as to whether to downgrade to EB3 and concurrently file an I-140 and I-485 or stick with EB2 and wait it out.
The questions I have around it are:
1. If I file now under EB3, what happens if EB3 retrogresses and EB2 picks up after I file for AOS? Is there a way USCIS can automatically look at the more favorable of the two dates (between EB2 and EB3) and adjudicate accordingly?
2. What is the general guidance in such cases? I realize these are only "Dates for Filing" dates and not the "Final Action" dates. Should I just stay put since Final Action dates are a lot closer?
Any thoughts/guidance would be very helpful!
Thanks.
