Priority EB2/EB3

[P u n j a b i]

In stage I-485, is there any priority for cases getting approved earlier if filled under category EB2 vs EB3?

 

[gc_majburi]

IMHO

At 485 stage, EB2/EB3 does not matter. All are treated the same. I think it is at 140 stage it matters.

Please post the correct information if I am wrong.

Cheers

 

[vijayrc]

EB* doesn't matter in 485...! Only in I140 processing..!
More of EB2 cases are in Nov01-Feb02 and hence we see more EB2 approval, which misleads some..
Hope this helps

 

[vidchin]

I don't think it EB2/EB3 matters in any stage. Its only considered when priority dates are not current. EB3 used to have 3 year old priority dates until couple of years ago. Now all the categories are current. So I don't think it helps to be in either category.

 

[TheRealCanadian]

Originally posted by vidchin
I don't think it EB2/EB3 matters in any stage. Its only considered when priority dates are not current. EB3 used to have 3 year old priority dates until couple of years ago. Now all the categories are current. So I don't think it helps to be in either category.

I had the opportunity to file under EB2 or EB3, since I have a Bachelor's degree plus five years' progressive experience. I chose not to, since EB2 would provide added scrutiny of my I-140, whereas EB3 would be clear. Unless the priority dates retrogress (which won't happen anytime soon) EB3 might be easier and faster than EB2.

 

[AMBYASASAM]

Originally posted by TheRealCanadian
I had the opportunity to file under EB2 or EB3, since I have a Bachelor's degree plus five years' progressive experience. I chose not to, since EB2 would provide added scrutiny of my I-140, whereas EB3 would be clear. Unless the priority dates retrogress (which won't happen anytime soon) EB3 might be easier and faster than EB2.

Yes, that is what my lawyer advised me and I opted for EB3. It has worked out fine except for the long wait for 485 adjudication for all the EB categories.

 

[linkslinks]

hmm

I think it might make a difference in 485 approval. I see more EB2
approvals on Rupnet than EB3.

 

[TheRealCanadian]

Re: hmm

Originally posted by linkslinks
I think it might make a difference in 485 approval. I see more EB2 approvals on Rupnet than EB3.

I don't know what percentage of Rupnet participants are EB2 vs. EB3, and compare that to GC applicants as a whole. I just don't know - although in an Indian-heavy group there are a lot of folks who went EB2 back in '99 when they could save two years or so on the priority date wait.

I've yet to see any definitive indication of different processing times for different categories; however, my guess is that the higher the category the closer the scrutiny, greater likelihood of RFE, etc. etc.

 

[Edison]

Just for argument sake we can argue that EB2 has higher priority than EB3 based on rupnet or some other info, but there is no immigration law or immigration rule or BCIS memo or BCIS regulation(if at all there is law) for EB2/EB3 priority at I-485 stage other than visa limitation for EB categories.