I 140 on EB3 and EB2 active - Help with aging out issues

[ephraimvarghese]

Dear Friends,

My priority date is October 2014. In 2020, I had downgraded my I140 from EB2 to EB3 and filed I-765 and I-485. My I-485 is pending.  EB3 is currently retrograde a lot, and EB2 appears to move fast. My son, 18 years, has a possible aging out problem if final action on EB3 is not reaching October 2014 incoming years.
On the other hand, my I140 on EB2 is also still active. If the final action date on the EB2 category reaches October 2014 in the coming years, will USCIS consider my I 140 on the EB2 category automatically? Or should I file I-485 separately based on my I140 in the EB2 category? What are the steps?

Any advice is much appreciated. 

Thank you,

Binu

[Engineer80]

I would say, watch out for the monthly visa bulletin and then play it based on the movement of dates (specifically Dates of Filing) under respective categories (EB-2, EB-3). Please do not be masked with this sudden movement in EB-2 as there can be upgrade (EB-3 to EB-2) cases for the next few months. 
 

Regarding your son’s age out, I believe there is a way to add your son as a dependent to your pending application once it becomes current. Please check with your attorney and they should be able to help. 

Edited December 22, 2021 by Engineer80

[thandra2809]

How can be Eb-2 I140 still active? I think if you needed to be added to EB-2 q again you need to file a new I-140 is under Eb-2 thats what i am hearing from lot of folks. I might be wrong.