摘要 1、律师说可以降级;AILA说USCIS接受基于旧的EB2 Labor Certification的新的EB3 I140申请。 2、雇主(HR)已答应给钱;雇主不给PP费用。 3、PP可以自己出;如果PP被拒,钱会退回申请人;没有PP审批大概3-5个月。 4、EB2的I140仍然有效,如果EB2又比EB3快,可以用EB2的I140。(不知道是否需要再 提交485及另外交费) 5、(如果新排期不倒退,)由于EB3已经Current,因此可以双飞485。雇主支付485费 用。 原文: Dear XXX employee, I hope you are having a prosperous holiday season. You are being contacted because our records indicate you are the beneficiary of an approved EB-2 I-140 with a chargeability of China. As you may be aware, the current priority date for China EB-3 has moved past the priority date for China EB-2 on the most recent Visa Bulletin. http://www.travel.state.gov/visa/bulletin/bulletin_6228.html As a result, you may be interested in filing a new I-140 under the EB-3 category in order to take advantage of the current situation. The American Immigration Lawyers Association (“AILA”) recently released a Practice Advisory stating USCIS will accept new EB-3 I-140 petition filings based off of the Labor Certification previously used to file an EB-2 I-140 if the same position is still available to the beneficiary. If you are interested in proceeding with a new EB-3 I-140 petition, please reply to this e-mail indicating you wish to proceed. If we do not hear from you, we will assume you do not want to proceed with an EB-3 filing. Frequently asked questions and important points to consider about the EB-3 re-filing: · There is no guarantee EB-3 China will remain ahead of EB-2 China on future Visa Bulletins; · If EB-3 becomes slower than EB-2 on future Visa Bulletins (e.g.: a demand shift occurs), you can still use the EB-2 I-140 (it still remains valid provided the job offer still exits); · While there have been reported instances of premium processing being accepted for these cases (e.g.: EB-3 re-filings), the general rule is that where an I-140 petition is not accompanied by an original labor certification, the CIS will not premium process the I-140 because a new labor certification must be requested from the Department of Labor. We believe in instances where premium processing has been accepted, the adjudicating officer may be pulling the original file (with the original ETA 9089), and adjudicating (via premium processing service) based on the previously submitted ETA 9089. If you choose to premium process your case: (a) XXX will not pay for premium processing; (b) if you choose to attempt to premium process your case, there is a likelihood the premium processing request may be rejected. If it is rejected CIS will process your I-140 through regular processing, which will take approximately 3-5 months. If the premium process fees are returned, YYY will refund and mail your fees back to you once CIS returns the remitted funds; · If you would be current under EB-3, you can file a concurrent I- 485 for yourself and all derivatives; · XXX will be paying the for EB-3 re-filings, and if you are current, will be paying for the concurrent I-485 filing(s). If you would like to utilize this option and proceed with a new EB-3 I-140, please reply to this e-mail. You may contact myself, ABCD, or FGHI to initiate the process. Once we hear from you we will send you a short questionnaire to complete ( and a checklist if you are eligible to file your I-485). Thank you and have a great afternoon.