DSel

Thanks for your inputs. I'm with the same employer and I was also of the same opinion that the old EB-2 should be sufficient. However, I reached out to my attorney and my attorney says otherwise. Just for the benefit of everyone, quoting my attorney, " Our first step would be to submit an I-140 filing to reinstate the EB-2 I-40, since the EB-3 I-140 is currently the governing I-140 in your AOS case. Once the EB-2 I-140 was revived/reinstated, we could submit a formal interfile request". As they are the subject matter experts, I'm just following their advice. Refiling was never discussed. Will reach out to check if that can be done.

I have an approved EB-2 I-140 with PD May 2013. I downgraded my visa category to EB-3 in 2020 and filed for AOS with PD May 2013. I have an EAD/AP and pending AOS from EB-3. As the dates for EB-2 are moving and EB-3 retrogressed, I want to reach out to my attorney to see if interfiling from EB-3 to EB-2 category can be done as my PD will become current in April 2022. My questions are 1. Is the old approved EB-2 I-40 sufficient for interfiling to request change in underlying visa category from EB-3 to EB-2? OR 2. Do I need to file a new I-40 to reinstate my EB-2 status from EB-3 status, and only then I can request interfiling? Please share your knowledge on this item. My only concern here is if I new I-140 needs to be filed before making an interfile request, then there is a possibility of EB-2 retrogressing by the time (approx. 6 months) the new I-140 is approved to change the underlying status.