MY PARALEGAL SAYS>>>>>>

masala dosa

Registered Users (C)
GUYS confirm to me if the responses are correct?
Is there a procedure to convert EB3 to EB2 at this time?

In order to "convert" to EB2, a new PERM application would need to be
filed with Department of Labor. However, you would lose your current priority date. A new priority date would be issued at the time the new application is filed with DOL.

If yes, what is the fees?

This is sponsored by the company.

What is the downside of getting a rejection? ( most likely, as many folks are moving in this direction, but legally I don't know what are the causes of rejection)

Losing your current priority date.

Your team has been doing a great job. Could you please enlighten folks like us as to what is the " real" story behind the EB3 slow pace?
Something to do with 245(i)?

Please see explanation below regarding the background behind the retrogression of the employment-based numbers. Briefly, there are only a certain number of immigrant visas issued per category, per country. If there are too many requests for the immigrant visa numbers for a particular category and country, retrogression occurs. The EB3 category is the most commonly used.

Additional questions:

(1) when does a name check occur? Is it at the time of filing I-485 (my case Dec 02) or when the case is ready to be approved?

The name check clearances are valid for 15 months. If you have already had your prints taken, a new set will be required when your priority date becomes current and USCIS can finalize the adjudication of your I-485 application.

(2) Does one have to be physically present in the US to apply for Advance Parole? Same question for EAD

No, however, you must enter the U.S. with the same parole document you used at the time of departure.

(3) If the AP is approved and one is in Germany can someone send it by post overseas?Same question for EAD.

Please see response above.
 
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