The cut-off dates for China-Mainland born applicants in EB-2 category had long moved forward quicker than them for China-Mainland born applicants in EB-3 category. However, that trend was reversed in June 2013. According to June 2013 visa bulletin, the cut-off date for China-Mainland born applicants in EB-2 category was July 15, 2008 while that for Chinese applicants in EB-3 category was September 1, 2008. Then the cut-off dates for EB-3 category have kept moving forward quicker in the following months. Many EB-2 clients considered downgrading EB-2 to EB-3 to take advantage of this favorable trend. For your reference, we will tell you a success story hereinafter.

In early 2012, one of our China-Mainland born clients, Mr. Wang, filed for immigration petition under EB-2 category sponsored by his employer. With the help of Attorney Jerry Zhang and his assistant Linda, Mr. Wang’s petition got approved smoothly with a priority date of February 13, 2012. At that time, the cutoff date for China-Mainland born applicants in EB-2 category was far advance than EB-3. Then, Mr. Wang changed his employer in June 2013, and the new employer filed for Permanent Labor Certification for EB-2 on behalf of Mr. Wang as well.

At the time of Mr. Wang’s second labor certification approval, we noticed that the cut-off date for EB-3 category for China-Mainland born immigrants jumped over his priority date. This means that if he was approved for EB-3, he may apply for adjustment of status immediately. Because of the annual quota limitation and backlog, there has been a lack of availability for EB-2 visas for China-Mainland born applicants. Mr. Wang would be able to file for adjustment of status more quickly via an EB-3 category as opposed to a lengthy three year wait for his already approved EB-2.

Through proper coordination with Mr. Wang’s employer, in Mid-December 2013, our firm filed his immigration petition I-140 by downgrading his category from EB-2 to EB-3  based his approved labor certification, which was processed for EB-2 classification. Our firm received his petition approval notice on January 10, 2014. According to January 2014 Visa bulletin, the cut-off date for China-Mainland born applicants in EB-3 category is April 1, 2012. As Mr. Wang’s priority date is in Feb. 2012, which is earlier than the cut-off date, Mr. Wang can now apply for his I-485 petition for adjustment of status as opposed to waiting for 3 more years as the cut-off date for China-Mainland born applicants in EB-2 category is Dec. 8, 2008. This is a rare case as we downgraded an EB-2 to an EB-3 to drastically cut the waiting time that one can apply for adjustment of status.

Mr. Wang was very satisfied with our service and already retained us for his family’s I-485 applications. We are glad to help Mr. Wang go through the whole immigration progress and wish him the best of luck in his future life in the U.S.

Zhang & Associates, P.C. has successfully represented some downgrading PERM EB-2 to EB-3 cases. If you would like to contact us, please email us at info@hooyou.com. Our attorneys and supporting staff will use their experience, expertise, and teamwork to ensure the highest quality of service.

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past eighteen years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, P.C.

Silicon Valley • New York • Los Angeles • Chicago • Houston • Austin • Seattle

Tel:	1-800-230-7040, 713-771-8433
Email:	info@hooyou.com
website:	http://www.hooyou.com

 

(01/16/2014)