If use EB3 Downgrade EAD - and next oct EB2 becomes current

[rommy]

Hi All,

I have question based on what I read on net. If someone files I 140 downgrade with I485 concurrently , and eventually decides to use EAD , then his/her status will change from H1 to AOS , and lets say , in a next October , EB2 becomes current , Can that person who is on AOS status now, can file another AOS based on Eb2 ? I found following information on AM22Tech, Can someone confirm ? Is it true that we can not file another AOS if we are not in non immigrant status ?

#3 Interfile EB2 i140 if EB2 gets current earlier than EB3
To file the i-485 in EB2 if the date gets current earlier than EB3, you will not be able to prove any underlying status which actually means any H1B or L visa status if you have already started using EAD.If you are still on H1B and the EB2 date gets current, you can use the concept of ‘interfiling’ to replace the EB3 i140 with EB2 i140 and get i-485 approval.