Assuming, EB3 moves at a faster rate than EB2 India, you downgrade from EB2 to EB3 and file i485 along with 140. Now, in the future EB2 India moves faster than EB3 India and you have approved 140 and EAD from EB3.
Which is better EB2 or EB3 for India?
The first key difference between the EB2 and the EB3 visa is their preference categories. Both are employment-based visas. However, the EB2 visa is the second-preference employment visa and the EB3 visa is the third-preference employment visa. This means that EB2 visas are slightly preferred over EB3 visas.
Will EB3 move faster than EB2 for India?
Because EB2 ROW demand is high EB2 India will get no spillovers from there. But EB3 India will get spillovers from ROW. That is why in FY 2017, EB3 got more green cards than EB2. So in the future, EB3 will start moving faster and people in the EB2 wait list might downgrade to EB3 as it will be faster.
Why is EB3 ahead of EB2 India?
But, there is one more reason- because there is EB3 to EB2 porting. … Under the Dates for Filing category, this is even more noticeable: EB-3 India advances by about five years while EB-2 India advances by two years. Sometimes, the wait can be as long as ten years for the priority date to become current on the I-140.
Will EB3 become current for India?
EB3 India Final Action – No forward movement expected in 2022 unless the estimated EB3 ROW demand is low. They will take decision in later part of the year. … Spillover 2022: 280k GC are available for EB in Oct 2021.
How many EB3 applications are pending for India?
Per CATO Institute, Estimations show that that there are around 560,000+ applications pending in the EB2 category for FY2020. Similarly for EB3 India category 130,000+ applications are in backlog.
How long will EB3 retrogression last?
The EB-3 Final Action Dates for China will retrogress about 9.5 months to March 22, 2018, with the EB-3 Dates for Filing retrogressing to April 1, 2018. For EB-2, the Final Action Dates for India will advance by 3 months to December 1, 2011, with a Dates for Filing advancement of six months to January 8, 2013.
What is the wait time for EB3 India?
Despite the forward movement of “dates of filing,” in fiscal year 2021, Indian nationals in the EB-2 and EB-3 categories face an average wait time of about 84 years according to certain estimates from the Cato Institute.
Can we convert EB3 to EB2?
Porting from EB3 to EB2 is possible with either a new job offer from the same employer, or from a different employer. Further, an Advanced Degree earned and/or experience gained during your current employment may also be used for satisfying EB2 requirements under certain circumstances.
What is current date for EB3 India?
EB-3 India Final Action dates will retrogress almost two full years to January 15, 2012. EB-3 China will retrogress by about nine and a half months to March 22, 2018. The EB-3 Dates for Filing will retrogress by the same amount to January 22, 2012 for India, and April 1, 2018 for China.
What happens if I move to India after i140 approved?
When you go back to India, you lost your H-1B and your spouse lost the H4. No H4, hence, no EAD. If you come back with H-1B again, your spouse will have a new H-4 and once your new I-140 gets approved, your spouse will be able to apply for anew EAD.
How long EB2 to EB3 porting takes?
Then once you receive your receipt you can upgrade your EB3 I-40 application to premium processing. The general processing time for an EB2 to EB3 downgrade application is six months or more. Then, you can submit the I-485 EAD work permit to further the process for travel parole.
Can we apply i140 from India?
PERM and i140 can be filed and approved even if you left US to work from India.