Company lawyer not sure about eb3 downgrade

[seekhelp123]

I have an approved I 140 in eb2 category for India -priority date jul 2012

My company lawyer says if we filed a new I 140 petition reclassifying me into eb3 while using my prior priority date , I could also file my AoS

However- I 140 reclassification can be rejected by uscis (as per my lawyer suggestion)-  Wrongfully reject

2) the I 140 reflassifications need duplicate original labor certification from dol- (now more than 8 years) so its lengthy process

 

3) though I could get   aos into the system,  it will still be atleast 2 years before the application is acted upon, so its unlikely to save time for me overall is my lawyers advise

4) the lawyer still recommends that I maintain the underlying h1b through the green card so the ead doesn’t provide a great additional benefit

He said if I insist I can move forward. I am totally confused whether to proceed with eb2 or not. He says we don’t have much time (end of this week only)

P.S. I know that a lot of this depends upon the nov bulletin as well and a lot of people on this forum do have the same if and but situations but please let me know if you have any comments. Thanks!

 

[sudheerv]

I am on the same boat, but my lawyer has clearly given us instructions

we filed EB3 downgrade with amendment option, 

my case: waiting for 10+ years between switching companies finally date is current in EB3 instead of EB2,

would like to get at least EAD and AP for switching or travel.

as USCIS is still accepting applications in this month too, you have to take a decision if you want to file the downgrade or leave it.

as they say leave no stone unturned.

hope this helps,

Thanks,

Sudheer