As you know, the waiting times to apply for the final stage of your Green Card Process (Filing an I-485, Adjustment of Status) can vary greatly based on your place of birth. For example, applicants born in India wait much longer than applicants born in Sweden because of backlogs that USCIS has to process.

Our firm saw a pattern of change in the Indian EB-2 and EB-3 priority dates in recent months that lead us to believe there could be an advantage in filing a petition under the EB-3 category. By strategically filing an EB-3 petition on your behalf leveraging your EB-2 approval, we can double-dip in the waiting line to file for I-485 and reduce the time usually required to file for your adjustment of status. Your EB-2 approvals will remain valid even after filing the additional EB-3 petitions, but since premium processing is prohibited for second filings, we suggest proactively filing the I-140 in the EB-3 as soon as possible.

Please note that the EB-3 filing is employer-driven, meaning they will have to initiate and sign the I-140 petition. Luckily, this additional petition does not require a new PERM filing; only your current pay stubs, W-2s along with your employer’s tax documents are necessary for submission.

If you are interested in pursuing this strategy, please let your employer know as soon as possible about filing an EB-2 to EB-3 conversion. If you or your employer have any questions, do not hesitate to contact us.

Questions you may be pondering about?

1) What if my EB-2 priority dates become current earlier than the new EB-3 filing?

If the EB-3 becomes current, you can file your AOS under the EB-3, if your EB-2 priority date comes first then you will also be able to file for adjustment of status using your EB-2 approval.

2) Is it possible to downgrade and do a concurrent filing when EB-3 becomes current for me?

Concurrent filing is possible. Please note each application has to be reviewed on case by case basis to determine if the concurrent filing is the best option.

3) How do you port the priority dates?

You will be able to do this by capturing the EB-2 priority date on your EB-3 application. Both EB-2 and EB-3 applications will have the same priority dates.

4) Does filing the third preference petition conflict in any way with the second preference petition?

No, it does not.

5) In case of I-140 denial from EB-3 porting, Will there be any impact in my EB-2 I-140?

No, there will not be an impact on your EB-2.

conversion eb-2 eb-3 filing I-140 perm