EB2 PD Apr 13, NEW PERM Approved can I go ahead downgrade eb3 and file 140 PP

Hello Anil,
My EB2 PD is Apr 2013(pervious employer 140). Current Employer PERM approved in jul 21, they are ready to file 140 premium processing along with downgrade Eb2 to EB3. Which will make my case current. As I have the latest PERM with me, will there be any issue with my 140 approval. And I am planning to file AOS after downgrade 140 is approved.

You don’t need a downgrade as you have a new PERM. You can straight away file I-140 in EB3 (port your PD from previous I-140) and I-485 concurrently.


Newly Approved PERM was filed in Eb2. I believe attorney has to downgrade that to eb3 right.

EB2 PERM can be used to file EB3 I140, there is no downgrade involved. Your will only downgrade if you are with same employer with an approved I140 in EB2.

Talk to your attorney.