2 questions on EB-2 to EB-3 downgrade pending

Hi All,

My Priority date is May of 2015 under EB-2. Last year when EB-3 dates were moving fast,
I filed an EB-2 to EB-3 downgrade in advance, just in case EB-3 gets current for me in early 2022.

I have 2 questions:

  1. Now that EB-2 is moving faster, did I make a mistake and complicate my case filing EB-3 downgrade in advance ? Will I still be able to use original EB-2 i-140 if EB-2 becomes current while EB-3 pending/approved ?

  2. Can I change my employer while my EB-3 I-140 is pending ? New employer is willing to start GC process ( new PERM and then i-140) on day one under EB-2.


If you are with the same employer you can interfile EB2.

Do you know if it was an amendment to the EB2 I-140 to downgrade to EB3 or a new EB3 I-140 using EB2 PERM? If it was amendment to the EB2 I-140 to downgrade to EB3, I would suggest upgrading it to premium processing and get the approval before moving to another employer.
Otherwise you can use EB2 I-140 to change employer and request AC21 extension while your EB3 I-140 is still pending and will eventually get withdrawn once you leave your current employer.

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Thanks Kalpesh. It’s a new EB3 I-140 using EB2 PERM.

Ok that means your EB2 I-140 is valid and you can change employer under AC21 however your new employer will need to restart the PERM process.

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Thanks Kalpesh.

One last question.
I just got EB-3 downgrade approved as well on 2/10. So now I have both EB2 and EB3 i140 with PD of May 2015.

Do I need to wait 180 days starting 2/10/2022, before switching to new Employer to retain my priority date.
I read somewhere 180 clock resets after downgrade/interfile, so just want to get clarity on that.


@Kalpesh_Dalwadi Do you know answer to above question ?

No you don’t as you still have EB2 I-140 in case your employer withdraw EB3 I-140. Your PD is yours to keep and can be ported to new I-140 with another employer.