Year 2020, November Visa Bulletin is much anticipated like the October Visa Bulletin. The fiscal year (Oct 2020 – Sep 2021) is different as Family Based Green Card Spilled over to Employment Based Quota because of Trump’s Ban in April and that helped additional 120k numbers benefitting Employment Based Category.
Though there were rumors about Congress moving back some of the 120k transfers to Family Based but it did not happen.
October Visa Bulletin saw a significant movement in dates for India especially in EB3 and Rapid forward movement for Employment-based expected through January.
Interestingly, USCIS allows Dates for Filing Chart for Employment-Based Cases Adjustment of Status Applications. This made many backlog petitions eligible to file, estimated about 50k to 60k Downgrade from EB2 to EB3.
USCIS continued to allow Dates for Filing Chart even in November as there might not be enough petitions given the short turnaround for employers to file.
DATES FOR FILING OF EMPLOYMENT-BASED
FINAL ACTION DATES FOR EMPLOYMENT-BASED
|1st||01DEC18||Moved 6 Months and 3 Days|
|3rd||01MAR10||1 Month and 15 Days|
Those who have initiated the process of downgrading from EB2 to EB3 are advised to consult with attorney of filing for a national interest waiver in the eb2 category. This will allow you to have both an EB3 qualification and an EB2 qualification.
In order to do that for those of you who have at least 10 years of professional experience and a bachelor’s degree or if you have a master’s degree will qualify to apply for a national interest waiver.
A national interest waiver can be a self petition and do not need an employer sponsor and it will allow you to maintain your eb2 status and also downgrade and apply within eb3 so you’ll be betting in the best of both worlds.