cooldude735 Posted December 3, 2018 Report Share Posted December 3, 2018 My current priority date is EB2 June 2010 filed by a different employer. I have transferred my H1 and reapplied labor and I140 to a new employer. Can my new employer downgrade my petition from Eb2 to EB3? Request attorneys to answer this question. Link to comment
care_candidate Posted December 10, 2018 Report Share Posted December 10, 2018 I think most people answer to this forum are not attorneys. Still you can get reasonable answers. If you really need legal advice, hire one. Link to comment
JoeF Posted December 11, 2018 Report Share Posted December 11, 2018 People on forums, even lawyers, can not give legal advice. If you need legal advice you need to schedule a one-on-one consultation with a lawyer. Link to comment
Dreamer24 Posted January 11, 2019 Report Share Posted January 11, 2019 Yes, downgrade is perfectly possible and legally allowed. I am going through the same process now and I have taken legal opinion from two attorneys. However, I would suggest to discuss your individual case with your attorney. For downgrade a new 140 is required and PERM is not required. If date is current in EB3, you can also concurrently file 140/485. For some reason if your EB3 filing is rejected, your EB2 140 remains intact and can be used when EB2 date becomes current. Link to comment
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