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How Can I Downgrade from EB-2 to EB-3 and Consequences

I have I-140 approved in EB2, priority date is 2010. When date become current for EB3, I want to downgrade from EB2 to EB3 (I know I have to only refile I-140 and I-485 concurrent). What will happen if USCIS denied newly filed I-140 (EB3)? can I-485 also denied? If newly filed I-140 (EB3) denied, can I used my previously approved I-140 (EB2)?

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Watch the Video on this FAQ: How can I downgrade from EB2 to EB3 and the consequences

Video Transcript

If we have an EB-2 approved I-140 we apply for an EB-3 approval on the same form or you can file EB-3 I-140 and I-485 concurrently if the dates are current. If you file a I-485 that is prematurely filed when the priority date of EB-2 is not current, if EB-3 is denied on which basis you had filed the I-485 then the I-485 will also be denied. I would want your lawyers to review your case very carefully. Make sure that you don't have any other issues. If the second EB-3 filing gets denied it should not have any impact on the already approved I-140 unless the second filing reveals some problem with the case that was not addressed earlier. More...


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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