For many years, it has been a true fact that Indians can obtain a green card faster under the higher EB-2 preference category compared to the EB-3 preference category. Because logically also, the higher the preference level, the shorter the waiting time. And therefore it’s not necessarily uncommon for an EB-3 applicant to port their green card upward to an EB-2 in order to take advantage of the shorter wait time, if they complete their higher education or masters after filing an EB3 green card. Now While we expect this to continue to be the case, the experts have recently seen a change in this trend, at least temporarily, with the cutoff dates for EB-3 advancing and becoming more favorable than the EB-2 cutoff dates.
In the October bulletin, the final action date (which is the actual waiting line) for Indians in Eb2 is September 2009 and for Eb3 is Jan 2010. While this may not seem like a significant difference, the real advantage comes in the dates for filling (what DOS expects to be available in the coming months to help manage the workload) which is May 2011 for Eb2 and Jan 2015 for Eb3. This means that Indian EB-3 applicants will get their green cards three and a half years before their EB-2 counterparts. So creating an unique situation where it would take less time for an Indian applicant to receive an EB-3 than it would take to receive an EB-2.
So if you are considering a downgrade from Eb3 to Eb3, please watch the video for more details.
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