Missed downgrading until now due to some personal issues; just started seriously looking into this option given the filing dates for EB3 India are still at Jan 2014 in the latest bulletin. Also with family immigration gates now open want to take advantage of this situation asap and get EAD from EB3 downgrade as a worst case scenario backup. After a lot of research one thing I am confused about is how USCIS comes out saying it accepts Dates of Filing chart or Final Action Dates chart for a particular month to determine who can file AOS application. According to below USCIS link, for the next March bulletin it is Final Action Dates chart that USCIS says should be used for EB filing. So does that mean I am not able to do the EB2 to EB3 downgrade anymore? As the EB3 final action date is July 2010 and my priority date in Jan 2012. Or do we just go by filing dates chart always for putting in I485 and there is another step in the process that happens when one’s priority date is current in Final Action dates chart? https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin Appreciate any clarifications on this. #workvisa #h1b
In Oct 2021 they using filing date is not guaranteed but yes it is likely. And extremely unlikely that they accept filing dates before that.
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They use filing date to estimate demand in oct, Nov, dec. Rest of year they use final action date. You can file in oct this year.
Thanks for clarifying.. so basically I’ve missed the bus; and my only hope for anything before next fiscal year is if EB2 final action dates reach Jan 2012.. which is far fetched and near to impossible. Or any scope of USCIS accepting filing date charts again prior to Oct 2021?
Uscis can do anything in theory. What i mentioned above is a convention, not a rule. But as of now there's no reason for them to change this convention.