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ImmIGRATION JULY 09, 2021 | The Indian Eye 42
requesting premium
processing on a
downgraded
i-140 peTiTiON
CyruS d. MehTa and had been trapped in the ed I-140 and retain the is filing the downgrade to use up all EB visas for
green card backlogs for priority date of the EB-2 I-140 via regular pro- this fiscal year. It should
KaiTlyN BOX years to file I-485 ad- petition, unless the job cessing, waiting USCIS also be noted that the
n October 2020, US- justment of status appli- has drastically changed. to issue a receipt no- swifter approval of the
CIS’ decision to ap- cations. Since the EB-3 In previous blogs, tice, and then request I-140 petition does not
Iply the Filing Dates, Filing Date for India sig- we have discussed the Premium Processing of speed up the processing
nificantly overtook the nuances of filing a the pending I-140. US- of the applications for
rather than the Final EB-2 Filing Date, some downgrade petition, CIS may still reject the employment authoriza-
Action Dates, to em- beneficiaries approved and addressed some Premium Processing re- tion or advance parole
ployment-based I-485
adjustment of status EB-2 petition opted to common questions that quest if it cannot match when the I-485 applica-
applications, together “downgrade” by filing a arise in this situation. the pending I-140 to the tion remains pending.
with advancement in new I-140 under EB-3. One frequent source previous file or retrieve Recently, however,
Generally, beneficiaries of questions is whether the original Labor Cer- we have seen some re-
the Filing Dates in the may still rely on the orig- Premium Processing is tification. Even in the quests to upgrade I-140s
State Department Visa inal Labor Certification available for downgrade case of a rejection, how- to Premium Processing
Bulletin allowed many when filing a downgrad- petitions given that ever, the pending I-140 being repeatedly reject-
noncitizen workers who
these I-140 petitions will be safe and subse- ed on the ground that
filed since October 2020 quent Premium Process- an original Labor Cer-
are still pending and ing requests can be filed, tification was no provid-
have yet to be approved. if desired. There are an ed, despite other, simi-
Generally, USCIS will increased number of lar Premium Processing
not accept a case for Premium Processing requests being accept-
Premium Processing requests from benefi- ed. In an email inquiry
unless it is filed with ciaries of downgraded placed to the USCIS
an original Labor Cer- I-140 petitions given Premium Processing
tification. Thus, bene- that the EB-3 India Fi- address in response to
ficiaries whose Labor nal Action Date has one such case, our firm
Certifications were filed rapidly advanced. Un- received a helpful re-
with the original EB-2 der the July 2021 State sponse. An Immigra-
petition likely cannot Department Visa Bulle- tion Services Officer
file a downgrade I-140 tin, the EB-3 India Final advised that Petitioners
together with a Premi- Action Date is January resubmit rejected Pre-
um Processing request. 1, 2013. If the I-140 pe- mium Processing re-
Although USCIS might, tition is approved when quests and indicate on
m of in rare instances, accept the Final Action Date a brightly colored sheet
CYRUS D. MEHTA & PARTNERS PLLC a Premium Processing is current for the I-140 of paper that USCIS has
request made with an petition, the beneficiary the original labor certifi-
I-140 downgrade peti- and family members can cation. A more guaran-
tion, it is more likely that hope to have their I-485 teed method, according
the Premium request, or applications approved to the USCIS response,
even the entire petition, although the USCIS has is to submit a copy of
will be rejected. been approving them at the original Labor Cer-
A strategy more like- a snail’s pace and may tification. Submissions
2 6th Floor
ly to meet with success alarmingly not be able lacking at least one of
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