EB2 to EB3 India Downgrade – Feb 2020 Green Card

Indian EB2 vs EB3 green card priority date movement. Date of filing chart available for use in 2020. File i485, EB2 to EB3 downgrade with approved i140.

Written by Am22tech
  By Am22tech      Updated  4 Feb, 20

  392    


EB2 to EB3 Downgrade India

EB2 final action date is ahead of EB3 in Feb 2020 visa bulletin by 4 months.

The Date of Filing chart has been made available by USCIS for use starting Oct 2019. The EB3 India is ahead of EB2 in DOF chart and hence you can file the downgrade.

Feb 2020Date of FilingFinal Action
EB1 India15 Mar 171 Jan 15
EB2 India1 Jul 0919 May 09
EB3 India1 Feb 108 Jan 09

You can get green card faster in the EB3 category is your EB3 PD date is current in EB3. This has happened with China in past and now with India.

EB2 to EB3 Downgrade Process

Your current employer with approved I-140 (from EB-2) with a priority date that is current in EB-3, can downgrade your case using the same EB2 PERM and file a new I140 with the EB3 category.

There is no need to file a new PERM for downgrading from EB2 to EB3. EB2 PERM can be used.

You can also file your I-485 application to adjust status concurrently with this new EB3 I-140.

EB2 to EB3 Downgrade with Same Employer

Assume that you have an approved EB2 i140 India with GC priority date as 25 Dec 2009 (i.e. before 1 Jan 2010). Since, date of filing chart is allowed to be used in Jan 2020 visa bulletin, your current employer can port your i140 to EB3 and file your i485 to get Green card faster.

It is certainly better than waiting for EB2 to get current which may take more than 4-5 years to even reach Dec 2009 date.

EB2 to EB3 Downgrade with Different Employer

Your NEW employer B, with approved EB2 I-140 from Employer A, with a priority date that is current in EB-3, can downgrade your case with a new EB3 PERM and file a new I140 with the EB3 category.

You can also file your I-485 application to adjust status concurrently with this new EB3 I-140.

EB3 Downgrade Premium Processing

You cannot file EB2 to EB3 downgrade I-140 in premium processing because the original PERM labor certificate won’t be filed with new EB3 i140.

USCIS already has the original EB2 PERM in your EB-2 I-140 file. USCIS does not allow premium processing when there is no original PERM approval attached to i140 application.

EB3 Downgrade premium exception:
If your i140 EB3 downgrade is filed at the time SAME service center that earlier approved i140 was filed, then your application is eligible for PREMIUM processing.

The premium processing time for EB3 i140 also does not start immediately. The USCIS will first find PERM and then confirm the premium processing time start date.

Your employer can attach a copy of the original EB2 PERM with a request that the original be fetched from the previous PERM file.

Downgrade EB3 i140 Processing Time

How Long Does it take to downgrade EB2 to EB3? The EB3 downgrade i140 approval processing is taking 6 months.

Check current current i140 processing time.

Upgraded EB3 to EB2, Downgrade to EB3 again?

If you had approved EB3 i140 earlier with employer A and then upgraded to EB2 with a new employer B.

Now, if the employer A still has the EB-3 position and has not withdrawn the approved I-140, you can file your I485 with supplement J signed by the EB-3 employer A without filing a new I-140 and convert to EB3.

Downgrade EB2 to EB3, Upgrade to EB2 later?

Your EB2-India priority date is 17 June 2010. Assuming, EB3 moves at faster rate than EB2 India, you downgrade from EB2 to EB3 and file i485 along with 140.

Now, in future EB2 India moves faster than EB3 India and you have approved 140 and EAD from EB3.

Yes, you CAN go back and use previously approved 140 (EB2) to file i485 to get GC faster if both EB2 i140 and EB3 i140 are valid.

Murthy.com has explained this concept of Interfiling or changing the underlying I140 for pending I485 application.

File EB2 to EB3 Downgrade for Future Priority dates?

It is possible that some of you want to downgrade your EB2 to EB3 even though your priority date is still not current in EB3 filing date chart.

Downgrading in advance to be ready to file i485 as you expect EB3 to be current for you in next couple of months is a daring step. It is not really required as you can file both EB3 i140 downgrade and i485 adjustment of status concurrently. You are not out of the game if EB3 becomes current for you.

So, don’t worry.

Indian EB2 vs EB3 – i485 Pending Applications

The GC availability in Indian EB3 seems to have better chance at this time when compared with Indian EB2 based on the July 2018 USCIS pending i485 data.

IndiaEB2EB3
200822741
200910,83151
2010 (Jan – Apr)4,677 (Jan-Apr)0
2011 – 201800

Compare almost 11k EB2 India already waiting for getting GC with EB3’s less than 100 numbers.

This clearly indicates that EB3 is going to take far long jump in the new 2018-19 USCIS GC priority date season as has been indicated by current trend.


USA USA News
 



Recent discussion on forum

  1. S_Kumar
    S_Kumar

    Hi Anil,
    My PD is EB2 India July2010. Was wondering how long it may take before my PD becomes current? May be EB3 would be a faster option if it reaches July2010 ahead of EB2. Appreciate your thoughts. thanks.


  2. Andy99
    Andy99

    Me & my wife’s I-485s are pending based on my approved EB2 I-140. My wife was able to get an approved EB3 I-140 and then approved EB2-140 through her employer. How can we interfile to be able to use my wife’s EB3 PD (which is current right now). USCIS is not willing to listen since our EB2 PD is not current yet.


  3. Anil.Gupta
    Anil.Gupta

    Hi @REB2

    You cannot use the ‘Date of filing’ chart dates at all at this time. That simply means that you could have filed it when ‘Date of filing’ chart was available for use till Jan 2019.
    You have missed the chance.

    Once the chart is available for use, you can file EB2 to EB3 i140 + i485 concurrently in future.


  4. jitesh7746
    jitesh7746

    Hi My PD is May 26, 2009 EB-2 India. I am with same employer since beginning and have EAD as well. My employer is willing to downgrade to EB3. What is your suggestion on this? Downgrade to EB3 or wait with EB2?


  5. Anil.Gupta
    Anil.Gupta

    Hi @jitesh7746

    I suggest to downgrade to EB3. Not sure why have you not done it till now.


Comments are closed. Ask question on Forum (we answer in 1-24 hour)

22 more replies

  392 Useful Questions & Answers

  1. LA Raj
    LA Raj 28 Jan, 19 at 8:52 pm

    Hi Anil

    Currently, I am with Company-D, the 4th Company, since my first EB2 PD was approved. My EB2 PD is 08/20/2009, which is through Company-A, and I have a valid I-140 with same PD (08/20/2009) in my current company. This is my 4th I-140, and I am waiting for the EB2 PD to become current.

    Given that the EB3 PD filing date is 04/01/2010 and final date is 04/22/2009, I would like your advice on speeding my GC through EB2–>EB3 porting.

    NOTE:- Sorry, some of the questions might be simple or stupid or incorrect. I am confused and want to be cautious as I have missed filing I-485/EAD, when jumped to Company-B and then to Company-C. I do not want to risk again. So, PLEASE EXCUSE ME for any invalid/incorrect/stupid questions.

    My questions are:-

    01) Can I apply for EB3 I-140 & I-485 at the same time?

    02) Will I be eligible to apply for EB3 I-140 Premium Processing in the same service center? I.e., Apply EB3 I-140 using current I-140 in the same service center where current I-140 was approved?

    03) Can I apply for EB3 I-140/I-485 without affecting current EB2 I-140? Is there anything I should get confirmed from my current employer(attorneys) on not cancelling existing EB2 processing? (not fully understood this topic “Downgrade EB2 to EB3, then Upgrade again to EB2 later?”)

    04) Another Big concern that I have is what if EB3 processing is applied and EB3 is RETROGRESSED? What will happen to the current EB2 processing? Because, I would love to have the option of both EB2/EB3 process going on without either of them getting cancelled… So, I will have the benefit of whichever comes first.

    05) Based on EB3 movt from Oct-2015 to-date, it seems, approx, in 3 to 4 months the EB3 PD will be current for me; whereas, for EB2 it’s between 18-24 months. I definitely, don’t want to miss this opportunity (GC Thru EB3). In case, if EB3 I-140 Premium (in the same service center) did not works out, should I wait for EB3 Final Action Date to be current or be prepared now itself? (assuming my EB2 GC process will not be affected)?

    06) After application for I-140/I-485 is submitted (and accepted) thru EB3 route, if Retrogression happens, what happens? Will my application be on hold or Retrogression has no effect on already submitted applications?

    Please Advice.
    Rgds
    Raj


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:02 am

      1. Yes, you can file EB3 i-140 and i-485 concurrently at same time.

      2. Yes, you can file for premium but its not guaranteed. Please read above article for more info about premium.

      3. EB2 and EB3 approvals stay in their place and active. You just need to file a new EB3 i140 based on EB2 PERM to be eligible for EB3 dates.

      4. The underlying i140 can be changed for pending i485. So, you can legally use any of them i.e. EB3 and EB2 i140. But, there are complexities involved and your attorney can guide you on when and how to do what.

      5. I suggest to wait for EB3 final action date to be current for you before you take any action.

      6. Retrogression is a BIG issue. That’s the biggest problem everybody faces! If it retrogresses, your i485 application will stay pending until it gets current again, which may or may not take years. That’s the irony of US immigration system.


      • LA Raj
        LA Raj 9 Feb, 19 at 10:12 am

        Hi Anil, Thank you for thepatience and detailed answers .I am sure I am trying to be smart but, actually, could be so stupid and all this is because of desperation having waited 10yrs and missing I-485 couple of times.

        For “2”: So, I assumed that even if EB3 I-140 is filed in the same service center by the same current company, there’s no guarantee. If not, correct me.

        For “5”, Sure, will wait. But, based on your reply in “3”, applying for EB3 I-140 will not affect existing EB2 process right? So, is it better to apply premium EB3 I-140 and if not wait for normal EB3 I-140 for 3 to 6 months by which either EB3 or EB2 becomes current? . The reason that I am asking is that if after 3 to 4 months EB3 PD becomes current for me and if I apply at that time again it might take another 3 to 6 months, by which many would have jumped into EB3 ship worst case causing retrogression/delays… But, if I apply for EB3 I-140 (without affecting existing EB2 I-140), then, within 3 to 4 months if EB3 PD becomes current, I just can get EAD/GC before it gets jammed again, right? Except the filing expenses, I do not see any downside to it (ofcourse thanks to your clarification on other questions)?

        For “5” another reason I wanted to apply EB3 I-140 premium/not-premium is, apart from all clear answers from you, that :- Anyone having a PD later than 08/20/2009 (dec-2009, mar-2010 etc) can possibly jump into this opportunity and by the time before I could apply, if it gets jammed then I would lose an opportunity. Again, I have seen this happening in 2011/2012 period when a friend with PD in 2013 got his EAD in front of my eyes and before I jumped in it got retrogressed.

        Sorry, once again, for this lengthy question.

        Please advice.
        Thanks
        Raj


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:43 am

          Yes, your understanding is correct.


          • LA Raj
            LA Raj 10 Feb, 19 at 12:27 pm

            Thank you Mr.Anil


            • LA Raj
              LA Raj 11 Feb, 19 at 8:13 am

              Hi Anil

              I saw the below comment (by Kars) posted (6 days ago) here and confused. As mentioned my PD (08/20/2009) is from company-A and now I am in company-D with approved I-140 (with same PD as company-A). Per below comment, it says I have to be in original employer for EB2 to EB3… ? Did it mean that if the current employer is okay to file EB3 I-140 as well, I am good or otherwise? Please clarify… I am keeping my fingers crossed ….

              “This is just my hinge based on different scenario. Most of the EB2 folks are in EAD and might have been moved to different employer. Its not viable option for those as they need to start from PERM. That would be 2 years process. Only case where downgrade possible is who ever is working same original employer. So they can do courtesy EB3 downgrade to help those folks. EB3 final action date would hit Mar 2010 easily before Sep 2019.”

              Thanks
              Raj


              • Anil Gupta
                Anil Gupta 11 Feb, 19 at 1:51 pm

                1. You can either file EB3 downgrade (EB3 i140) with your current employer’s EB2 PERM – This is slower as you have to file EB3 i140
                OR
                2. Go back to work for old EB3 employer – This is faster option as you already have EB3 i140 approved.


                • LA Raj
                  LA Raj 12 Feb, 19 at 12:30 pm

                  Thani you Anil! “2. Go back to work for old EB3 employer ” ==> this option will not work for me … as I was always on EB2 category since company-A. Also, Going back to any previous company is not possible. But, I got the idea. Thanks!

                  Initially, based on your previous answers… I thought that I can apply for EB3 I-140 without affecting the existing EB2 I-140… ? Perhaps, I need to understand this more… my bad.

                  Thanks
                  Raj


                  • LA Raj
                    LA Raj 12 Feb, 19 at 3:50 pm

                    Hi Anil

                    Have this clarification request as I am worried much on what to do to get into EB3 line.

                    My Attorneys are delaying it and have not started any documentation yet; they’re saying it takes ~5 weeks to prepare EB3 I-140 documents. In fact, they initially said that EB2 is moving, we can’t do EB2 to EB3, we can’t do electronic filing, and then they said EB2 will be affected etc… I am totally worried and confused. The strange thing is my employer does not have any problem doing it and helping me to do whatever it takes.

                    For ref:- I am with 4th Employer(Company-D) on approved EB2 I-140 and a PD of “08/20/2009“. Since my 1st employer(Company-A), I’m on EB2.

                    So, can you please help me with the time it takes to prepare the EB3 docs, electronic filing of EB3 I-140, the fees associated with, any particular document to make sure the existing EB2 is not affected etc? It will help me to get on call with them this late evening or Saturday. The biggest worry for me is why they’re trying to dodge this when my employer is fully supportive of it.

                    Thanks
                    Raj


                    • Anil Gupta
                      Anil Gupta 12 Feb, 19 at 8:01 pm

                      Everything takes time and you should believe your attorney on what they say.
                      Why would they delay your application when your employer is paying them fees. They work for money and they are getting it.

                      Talk to them in detail about your case.


                    • LA Raj
                      LA Raj 12 Feb, 19 at 8:06 pm

                      Anil Thanks a lot. Based on many things I learnt here and from your Inouts, I had a call ~30 minutes ago.

                      Please note:- I was not even aware of EB2 to EB3 before stumbling on your post recently. So, hope you understand my anxiety.

                      Discussion points
                      0) They confirmed that EB2 I-140 will not be affected and I can go for I-485/AOS whichever line becomes current first (thanks for ur blog). In this case, the expense will be only for EB2 I-485/AOS
                      1) Option-01: Apply EB3 I-140 Premium along with I-485 by 31st Jan. They said, It’s impossible to file before Jan 31st as medical/docs would take couple weeks.
                      2) Option-02: Apply EB3 I-140 Premium along with I-485 in Feb. EB3 will be approved and I-485 will be sitting there for AOS. When checked again, they confirm that I-140 will be preimum as of now and they can apply it as premium. The total cost would be around $8k.
                      3) Option-03: Apply EB3 I-140 Premium along with I-485 in future once EB3 Final Action Date is current for my PD. Both EB3 and I-485 will be approved and AOS will be done. When checked again, they said there is no guarantee that I-140 will be premium at that time. The cost will be the same approx around $8K.

                      Given the above options,
                      (1) is there any remote change for “Option-01” can be done in expedited way? .
                      (2) Is there any plus/downside to Opt-02 or Opt-03? Apart from the expenses, I would like to go with Opt-02 and be ready for EB3 Final Action Date to be current for my PD (ofcourse keeping my fingers crossed).

                      Are there any other better way I can proceed (with help from Attorneys) on my GC march?

                      Seriously, with all my technical expertise, I feel so dump in understanding the whole process or how to reach to the other side of the GC line. Appreciate your advice/suggestions.

                      Thanks
                      Raj


                    • Anil Gupta
                      Anil Gupta 12 Feb, 19 at 10:14 pm

                      Point 0 – This is same as I already shared earlier with you. Underlying i140 can be changed for pending i-485.

                      Not sure how fast you want. If they are saying Jan 31, then it is just a week away! or is it a mis-typed date?

                      I can understand your anxiety as you are so close to GC after waiting for 10 years.
                      My suggestion is to go with option 03 though.


                    • LA Raj
                      LA Raj 13 Feb, 19 at 12:24 am

                      Sure, Thanks Anil.

                      Sorry My bad. In “point 0”, I was referring to EB3 I-140 wioh I-485 and that Attorneyrs confirmed (just updated you, because after I referred this post, they confirmed)

                      Option-01: Yes, applying for EB3 I-140 Premium by 31-Jan-2019. Seems, they cannot do this because of short timeline.

                      Will do Opt-03 as suggested(Tuesday, I’m having a call with Attorneys) But, just for my little consolation… is there a specific reason you want me to go to Opt-03 instead of Opt-02? How does it helps or better than Opt-03? Or did you mean that because anyhow, I-485 is considered only when Final action date is current? But, if we go Opt-02, we’ll be at least sure with I-140 premium and when Final action date becomes current, all they have to do is do AOS, and there will be no delay right? (we can save 2-3 months?). Request you to please let me know.


                    • Anil Gupta
                      Anil Gupta 13 Feb, 19 at 12:34 am

                      The only benefit of option 3 is saving money.
                      If you want to save time, you can go ahead with option 2 and then you will have both option I. E. EB2 and EB3 ready to be filed.


                    • LA Raj
                      LA Raj 13 Feb, 19 at 1:42 am

                      Thank you Anil. Perfect… will plan accordingly. But, all depends on USCIS making my PD current 🙂


  2. Kaustav Sengupta
    Kaustav Sengupta 28 Jan, 19 at 8:52 pm

    Not sure if I understand the I-140 premium processing part clearly.
    I already have an approved I-140 in EB2 and my I-1485 is also filed in 2012 and pending with USICS.
    Now if I file EB3 I-140 for the same Perm which was used for EB2 I-140 and file to same service center where my EB2 I-140 was approved earlier, then I can do premium processing for this EB3 I-140?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:07 am

      Yes, that’s correct. But, premium processing is NOT guaranteed. USCIS will first try to find your record and then give out a decision as to PP is available for your case or not.


  3. Jitesh
    Jitesh 28 Jan, 19 at 8:52 pm

    Hi Anil,
    My PD is EB2 May 26 2009. Do you think it is worth it to downgrade to EB3? EB2 dates are barely moving. At this speed it may take couple of years to become current with EB2. So that’s why I am wondering about downgrading but not sure if there are any risks associated with downgrade process.


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:02 am

      If you want to get the i485 EAD and AP, then you can file EB3 downgrade.
      It is possible that EB2 final action date may not reach May 26, 09 at all by the end of current fiscal year.

      And the EB3 may also retrogress. So, if you do not want to miss the bus of getting EAD, you can file EB3 downgrade, else wait for EB2.
      EB3 downgrade process: https://www.am22tech.com/eb3-india-beats-eb2-in-uscis-gc-priority-race/


  4. kulan
    kulan 28 Jan, 19 at 8:52 pm

    hi Anil,
    Filing date is no more for Feb month as per latest visa bulletin info today.
    So still I can file uptil end of Jan for filing date for EB3. is that correct?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:02 am

      Yes, that’s correct but you can only use Jan 2019 date of filing chart.


  5. Kiranakil
    Kiranakil 28 Jan, 19 at 8:51 pm

    Hello Anil,
    I applied for EB3 downgrade and concurrent i485 on Jan 15 . Let’s say downgraded I-140 approved on July s mar15th. ie i485 also crossed 180 day mark. In that case , shall I use AC21 to move it to new employer?. Please note that I-140 is approved but that is not yet reached 180 days after approval date. Do you see any issue if employer withdraws it or any issue arise while do AC21 to new employer?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:02 am

      I don’t understand the July mar15th date.


      • Kiranakil
        Kiranakil 9 Feb, 19 at 10:12 am

        Sorry for the typo. I meant to say following.
        EB3 downgraded I-140/I-485 concurrently filed on Jan 15, 2019.
        Let’s say I-140 approved on July 15, 2019. Also i-1485 applied date crossed 180 days from Jan 15 2019. In that case, my AC21 to new employer should go through without any issues. is that correct?


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:42 am

          Yes, it should be fine.


          • Kiranakil
            Kiranakil 10 Feb, 19 at 12:33 pm

            Last question in this thread. My job location is WA state as per my PERM/I140. Also my current working location is WA state.
            In which service center(Nebraska or Texas) my concurrent i-140 would be processed?


            • Anil Gupta
              Anil Gupta 11 Feb, 19 at 8:12 am

              You would already know the answer to this question if you have filed the i140.
              Have you got the receipt number yet?


              • Kiranakil
                Kiranakil 11 Feb, 19 at 1:50 pm

                My EB2 I140 was showing as LIN with the same employer that was filed/approved last year with same WA location.
                My concurrent EB3 downgrade i140 and i-485 was sent to Dallas location as per concurrent filing location. Still waiting for receipt number. Just wondering where would be normally processed in case of concurrent filing one.
                Looks like TX I140 approval time is shorter than NE.


                • Anil Gupta
                  Anil Gupta 12 Feb, 19 at 12:29 pm

                  I cannot guess where it will eventually go.


  6. Rag Ramini
    Rag Ramini 28 Jan, 19 at 8:51 pm

    My PD is 03/19/2012 EB2 India. Do you think the PD for EB3 moves in 2020 to 03/19/2012 so that I can downgrade?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:01 am

      No, i do not think that it will move that fast. You are better off waiting without downgrade at this time.


  7. Chetan Mehta
    Chetan Mehta 28 Jan, 19 at 8:51 pm

    Hello Anil,
    My I-140 was approved with my former employer (PD is 10/20/2010) under EB-2. I joined new employer and they have filed PERM 2 months back. My question is, can they file I-140 under EB-3 or it must be under EB-2? Is it determined in PERM under which category it will be filed i.e. EB-2 or EB-3?

    Thanks in advance.

    Chetan


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:01 am

      They can file PERM under EB2 or EB3. EB2 is more restrictive as it needs more work experience.
      An EB2 eligible person is automatically eligible for EB3.


      • Chetan Mehta
        Chetan Mehta 9 Feb, 19 at 10:11 am

        Hello Anil,

        Thanks for your response.

        Chetan


  8. Venkatesh Santhanakrishnan
    Venkatesh Santhanakrishnan 28 Jan, 19 at 8:51 pm

    Hi Amit,
    My priority date with my employer A is Apr 22, 2013. I have joined recently with Company B..

    With the current trend which one i can apply with Employer B EB2 or EB3?
    if EB3 moves faster will it come to 2013 April?

    Please let me know your recommendations.


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:01 am

      USCIS has already given a good amount of leeway by opening dates till April 2010. I think it will now take about 7-8 years to reach 2013.

      I don’t think you should downgrade at this time.
      You can consider employer A if the EB3 ‘Final Action’ becomes current for you. I do not see it happening in next 8 years.


      • Venkatesh Santhanakrishnan
        Venkatesh Santhanakrishnan 9 Feb, 19 at 10:04 am

        Thank you Anil.. Even my employer A Filed only with EB2.. So, i dont have any EB3 140 approved. I am trying to find applying straight with EB3 will help with Employer B Now?


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:11 am

          Not sure what will you achieve by filing EB3 directly.


  9. Ram
    Ram 14 Jan, 19 at 9:52 am

    Hi Ankit , my PD is June 2010, I have labor EB2 and i140 from company a , and I moved to company b which filed the labor EB2 and I 140 , and ported my PD ,

    Do you suggest I move to EB3 at this point , will I get to do i140 for EB3 in premium processing

    Also what time frame do you expect the EB3 PD to move to June 2010 ( not just the Filing date) , , if not I might be with an ead and not the GC after I file 485

    There can be a case where my EB3 is in Ead and EB2 then move and becomes current , In that casr can I go to eb2 again and get my GC

    Thanks
    Ram


    • Ram
      Ram 14 Jan, 19 at 10:04 am

      Sorry for the typo , I meant to say Anil 🙂


      • Anil Gupta
        Anil Gupta 9 Feb, 19 at 10:03 am

        No problem with the name.

        You can file EB3 downgrade i140 in premium if the application is filed at same USCIS service center that your EB2 i140 was filed at. I have covered this scenario above.

        The EB3 ‘Final Action’ date is not expected to reach June 2010 in next 12 months.
        The ‘Date of filing’ may also be closed in Feb 2019 as per my estimation.

        Yes, it is allowed to change the underlying i140 approval and replace the EB3 with EB2 i140 to keep the i485 active.


  10. Peter
    Peter 14 Jan, 19 at 9:48 am

    Hi.
    My priority date is Jun,2012 under EB2?
    Do you think, I need to do anything now, like downgrading to EB3


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:09 am

      No, you do not need to downgrade right now. Your date is pretty far away at this time. At-least 4-5 years away from getting current (my estimation).