Can I apply EB3 i140 along with 485 - Please respond


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Hi, 

I had approved i140 in EB2 from Company A and then moved to Company B. Company B also applied it again and got approved i140 with same priority date. 

I again joined back in Company A last year but by that time Company A withdrawn my i140. When I asked about it, HR said we can switch it back anytime. So I transferred my H1b and started working with them.

That EB2 i140 switching is still pending. Now I would like to downgrade to EB3 using the latest filing dates. So can I go with EB3 i140 with the Company A now even with out having active EB2 i140 in place? OR should I switch back to EB2 i140 first and then only do that EB3 downgrade?

Please advise. Thank you.

 

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