EB2 to EB3 downgrade and concurrent filing

[LSR]

Hello,

Please let me know if anyone has this issue.

PERM education requirment: Masters

I have a US equivalent bachelor's degree and 15 years of experience. Got an RFE about my education saying that Masters required for the position and we responded with education evaluation certificates and experience letters. Finally, they gave EB2 approval.

Just I would like to take the advantage of October 2020 visa bulletin, so planning to downgrade to EB3 with I-485 concurrent filing.

I need clarification from the below points and which one could be true

1) USCIS could argue he does not have the equivalent of a US master's degree which is the degree listed on the LABOR and thus could deny the I-140.
2) Last time they approved his petition under EB2 Category with BS ( 3 Years) + MS ( 2 YRS) + His work experience. Now we are downgrading to EB3 with just a Bachelor's Degree, then it shouldn't be a problem right?

Thank you,

Subbu.