EB2 to EB3 downgraded and received RFE in I-140. Now EB2 is current. what should I do?

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This is Mohan. I had my EB-2 I-140 approved with priority date in 2014. I downgraded from EB-2 to EB-3. Now I got EAD for me and my dependents. But I received an RFE for my EB-3 I-140. Since my EB-2 final action date is current, Should I respond to the RFE and do interfiling for EB-2 or Just respond to RFE and wait for it to get approved and then proceed with interfiling for EB-2? Please suggest what to do in this situation.

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Generally, it is a good idea to respond to an I-140 RFE even on a downgraded petition. While there might be risks in doing so, there are also risks in not doing so. Furthermore, information coming out of USCIS is leading us to believe that EB-2 numbers are being used up. The October 2022 Visa Bulletin indicates that there is significant retrogression in EB2. You may want to consult an attorney to discuss this further and obtain specific advice.

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