EB2 Downgrade to EB3 Category

[Srik Nag]

1. I am on currently on EB2 with priority date as of December 24^th 2012 and approved I-140
2. Now if I want to downgrade from EB2 to EB3 category, then I will apply for I-140 in EB3 and I-485 concurrently but I have below questions before I move forward:

1. If I-140 in EB3 is filed but the dates have moved back for I-485, then will I have my I-140 approved for EB3 or can I still use my EB2 I-140? 
2. And/or for some reason if my I-485 application got rejected, then will I have my I-140 approved for EB3 or can I still use my EB2 I-140?

3. If EB3 dates are retrogressed by the time my application moved any step forward, and wanted to “move back up” to EB2. Would that mean an entirely new process for PERM? Or do I still have my EB2 Perm and I-140 intact?

[annamadhusudhanan]

Hr Srik,

can we downgrade without filing new perm/labor? or do we need to follow the whole steps? PWD, labor and then I-140 or just directly can we apply the I-140?

 

Thanks

Anna

[Ravi54345]

I have the same questions. Hope someone can reply.

[Ravi54345]

On 9/25/2020 at 6:24 AM, annamadhusudhanan said:

Hr Srik,

can we downgrade without filing new perm/labor? or do we need to follow the whole steps? PWD, labor and then I-140 or just directly can we apply the I-140?

 

Thanks

Anna

To my knowledge, if you have EB2 I-140 and PERM, you don't need to redo PERM. You can just downgrade and file I-140, EAD and 485 concurrently.