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4real

EB3 to Eb2 Upgrade and Downgrade to EB3 with same employer

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I have a priority date of July 2010 with petition filed in EB3 category. I have upgraded my case to EB2 in 2016 with the same priority date with the same employer as my job duties had changed more than 50%. Looking at the current trends, Eb3 Date of Filing is closer compared to Eb2. Can I file my 485 when dates are current for Eb3 category or should I additionally downgrade to Eb3 again if the job duties dont change. Please advise

Thanks

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When one files an I-485, the employer who filed the underlying I-140 petition will have to verify the existence of the job offered on the I-140 in the Form I-485 Supplement J. So if someone has multiple I-140 petitions that one might be able to use to file an I-485 one might benefit from speaking with an attorney to consider the different factors and any risks or issues associated with choice or another.

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