I am talking about 140. A valid 485 is based on an approved 140. If the 140 got denied, the pending 485 would be denied as well even the pending 485 had been linked to an approved 140 later.
I*e
22 楼
哎。。公务在身啊。。下次一定叫你
【在 y**s 的大作中提到】 : 。。。。。 : 你出巡了?怎么不来找我吃饭呀?
a*a
23 楼
I'm talking about 140 too. If you have an approved eb2 140, and you have a pending eb3 140, and a pending 485 based on either the pending eb3 140 or the approved eb2 140, it does not matter which 140 you want to link your 485 to. Your best strategy is always to act preemptively to ensure your PD remains "C" for as long as you can, no matter which track you are on. It is for that purpose that you want to change eb track. If you just submitted a pending eb3 140, then you can still request to link your eb track to eb3, whether you submitted a 485 or not. If you already submitted a 485 and you want to change eb track, you can do that as well, technically it is called "485 interfiling." Got that? "A valid 485 is based on an approved 140." Wrong. Lots of people submit 485 based on a pending EB3-140. And people have been doing since 2013-2014. "If the 140 got denied, the pending 485 would be denied as well even the pending 485 had been linked to an approved 140 later." Notice that we are only talking about PERM-based EB2/3-140 and associated 485 here, so it is important not to mingle this discussion with something else. That said, I only saw one case of the eb3-140 downgrade getting denied which later on unfortunately lead to the denial of that person's eb2 140. But it is purely due to that person's degree. I will explain in more detail about that case later. But I want to stress that out of my 4 years on this forum, that is THE ONLY case that I saw a eb3 140 getting denied for a "sort of" plausible reason. OK, with that squared away, here is the beef: as long as the eb2 140 is done properly and approved, and the eb3 140 is filed properly, there is basically no reason to doubt the approval of this downgrade eb3 140. It is just a matter of time. Yes, we all understand what you said "if a 140 is denied, the 485 will be denied." But the risk of the legitimate eb3 140 being denied is basically zero, as long as the eb2 140 and eb3 140 downgrade are done properly. As a bottom line,even if one's eb3 140 is denied due to whatever reason there may be that leads to the denial of the 485 based on it, so what? That is not end of the world. You can always file another 485 immediately based on the approved eb2 if one's PD is concurrent. One can argue about the timing to do that, but there are options there. And I want to point out again, the odds of that happening is basically zero. In the end, I'd like to quote you: "Do your homework before providing viable solution." ---- I did say that I want to provide more details of that person's denied eb3 140. Here it is: That person got his/her BS in Mainland China and got a so- called MS degree in Europe. He/She may have just spent 1-2 years to get that . Then he/she moved to US to work and when he/she filed for EB2 140, that degree was recognized by the US education system (don't remember what it is called) as an equivalent MS degree to the US ones. So his/her PERM and EB2 140 were tailored per this MS degree, even the job description was as well, etc. And that EB 2 140 was approved. Guess what, when it came to his/her filing the eb3 140 downgrade, his/her MS degree was not recognized as an equivalent US MS degree anymore because that US education recognition org.just changed its stance on that! So apparently his/her eb3 140 downgrade was denied, and the uscis followed the lead and denied his/her eb2 along with it, all because of the MS degree issue. This is the only case that a person's eb3 140 downgrade getting denied. I hope people won't start a rumor mill based on such an isolated case.
pending
【在 c****r 的大作中提到】 : I am talking about 140. : A valid 485 is based on an approved 140. If the 140 got denied, the pending : 485 would be denied as well even the pending 485 had been linked to an : approved 140 later.
【在 a*****a 的大作中提到】 : I'm talking about 140 too. : If you have an approved eb2 140, and you have a pending eb3 140, and a : pending 485 based on either the pending eb3 140 or the approved eb2 140, it : does not matter which 140 you want to link your 485 to. Your best : strategy is always to act preemptively to ensure your PD remains "C" for as : long as you can, no matter which track you are on. It is for that purpose : that you want to change eb track. If you just submitted a pending eb3 140, : then you can still request to link your eb track to eb3, whether you : submitted a 485 or not. If you already submitted a 485 and you want to : change eb track, you can do that as well, technically it is called "485
I am talking about 140. A valid 485 is based on an approved 140. If the 140 got denied, the pending 485 would be denied as well even the pending 485 had been linked to an approved 140 later.
I'm talking about 140 too. If you have an approved eb2 140, and you have a pending eb3 140, and a pending 485 based on either the pending eb3 140 or the approved eb2 140, it does not matter which 140 you want to link your 485 to. Your best strategy is always to act preemptively to ensure your PD remains "C" for as long as you can, no matter which track you are on. It is for that purpose that you want to change eb track. If you just submitted a pending eb3 140, then you can still request to link your eb track to eb3, whether you submitted a 485 or not. If you already submitted a 485 and you want to change eb track, you can do that as well, technically it is called "485 interfiling." Got that? "A valid 485 is based on an approved 140." Wrong. Lots of people submit 485 based on a pending EB3-140. And people have been doing since 2013-2014. "If the 140 got denied, the pending 485 would be denied as well even the pending 485 had been linked to an approved 140 later." Notice that we are only talking about PERM-based EB2/3-140 and associated 485 here, so it is important not to mingle this discussion with something else. That said, I only saw one case of the eb3-140 downgrade getting denied which later on unfortunately lead to the denial of that person's eb2 140. But it is purely due to that person's degree. I will explain in more detail about that case later. But I want to stress that out of my 4 years on this forum, that is THE ONLY case that I saw a eb3 140 getting denied for a "sort of" plausible reason. OK, with that squared away, here is the beef: as long as the eb2 140 is done properly and approved, and the eb3 140 is filed properly, there is basically no reason to doubt the approval of this downgrade eb3 140. It is just a matter of time. Yes, we all understand what you said "if a 140 is denied, the 485 will be denied." But the risk of the legitimate eb3 140 being denied is basically zero, as long as the eb2 140 and eb3 140 downgrade are done properly. As a bottom line,even if one's eb3 140 is denied due to whatever reason there may be that leads to the denial of the 485 based on it, so what? That is not end of the world. You can always file another 485 immediately based on the approved eb2 if one's PD is concurrent. One can argue about the timing to do that, but there are options there. And I want to point out again, the odds of that happening is basically zero. In the end, I'd like to quote you: "Do your homework before providing viable solution." ---- I did say that I want to provide more details of that person's denied eb3 140. Here it is: That person got his/her BS in Mainland China and got a so- called MS degree in Europe. He/She may have just spent 1-2 years to get that . Then he/she moved to US to work and when he/she filed for EB2 140, that degree was recognized by the US education system (don't remember what it is called) as an equivalent MS degree to the US ones. So his/her PERM and EB2 140 were tailored per this MS degree, even the job description was as well, etc. And that EB 2 140 was approved. Guess what, when it came to his/her filing the eb3 140 downgrade, his/her MS degree was not recognized as an equivalent US MS degree anymore because that US education recognition org.just changed its stance on that! So apparently his/her eb3 140 downgrade was denied, and the uscis followed the lead and denied his/her eb2 along with it, all because of the MS degree issue. This is the only case that a person's eb3 140 downgrade getting denied. I hope people won't start a rumor mill based on such an isolated case.
pending
【在 c****r 的大作中提到】 : I am talking about 140. : A valid 485 is based on an approved 140. If the 140 got denied, the pending : 485 would be denied as well even the pending 485 had been linked to an : approved 140 later.
【在 a*****a 的大作中提到】 : I'm talking about 140 too. : If you have an approved eb2 140, and you have a pending eb3 140, and a : pending 485 based on either the pending eb3 140 or the approved eb2 140, it : does not matter which 140 you want to link your 485 to. Your best : strategy is always to act preemptively to ensure your PD remains "C" for as : long as you can, no matter which track you are on. It is for that purpose : that you want to change eb track. If you just submitted a pending eb3 140, : then you can still request to link your eb track to eb3, whether you : submitted a 485 or not. If you already submitted a 485 and you want to : change eb track, you can do that as well, technically it is called "485
双飞降级,想relink回EB2,一定要等EB3也被approve吗? 律师不让EB3 PP, 说因为lack of original certified PERM, which has already been submitted with approved EB2。。。 这么等,岂不是要等到猴年了
Yes, you have to wait till your eb3 140 is approved and your pd in eb2 track is current, and then you can request to go back to eb2. Similar thing would apply if you go from eb2 to eb3 track.