EB2 EAD/AP received - Downgrade to EB3 to get current on final action date


I just received my EAD and AP approvals using my approved I-140 in EB2. My PD is 09/04/10 and most likely it will be current for the final action in EB3 in the March visa bulletin. I am considering filing in EB3 and my immigration attorney has suggested that they file the EB3 I-140 petition as a “new” petition rather than amend the EB2.

Do you suggest filing it as a “new” petition as well? I will ask the attorney to add the cover page, etc but from your information, do you see any risk here in doing this?

Secondly, I am considering filing the EB3 I-140 petition in premium rather than first file in regular processing and converting to premium later. Among my coworkers, the ones that filed the I-140 downgrades in premium last October, got the approvals in 2 weeks while others that filed in regular processing have still not received their receipts to convert to premium. What would you suggest?

If I file the I-140 in premium and if it gets approved in 2 weeks, let’s say my EB3 PD become current in March, then how long would it normally take USCIS to actually send the GC approval after we link the new EB3 I-140 to the EB2 pending I-485.


You should be able to file EB3 i140 in premium. I suggest to file as ‘new’.

All other questions are about processing time and nobody can guess how much time they will take. It keeps changing every month.