EB2 to EB3 Downgrade, Fast Green Card Questions and Answers

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Hi Anil,
In the below article you mentioned we need to file perm even if we are working for the same employer in Merge scenario - amended i-140 after merger/acquisition.
I read somewhere, perm not required if it is the successor of interest(only i140 amendment is required)

So when we downgrade from EB2 to EB3 no need for perm right? Can you please confirm?

Can I file 485 under EB3 if EB2 is approved, but only EB3 is current? - YouTube.

Hi @karthik_reddy

'Successor of interest; is an exception. You may not need a new PERM for this exception.

Hi @anil_am22,

I have an approved EB2 I-140 with my current employer with Senior Software Engineer role, recently got promoted to Principal Software Engineer, the responsibilities are 90% exactly same and Both roles have same SOC code. Can I use existing PERM and I-140 to downgrade to EB3 and file I-485 concurrently? or do I have to have PERM done all over again? What if my employer and I agree that once I-485 is approved, I would go back to Senior Software Engineer, would that work? and Can I use existing PERM in that case?.

Thanks in advance

Hi Anil,
I have an approved I 140 from EB2 category. Can I file for another I140 using the existing PERM in EB 3 category? Is there any risk to my EB2 I140? Because I want to maintain both. Please advice.

Hi Anil, I have question regarding EB3 to EB2 downgrade risk. In your article, its mentioned that if we use EAD Card then can’t port our application back to EB2.

What if my wife uses EAD card and I remain on H1B. In this case, switching to EB2 is allowed by USCIS or not?


My I-140 was approved back in 2014, my PD being 2012. Now i’m with employer B.
With recent hype/commotion in visa dates, i’ve asked my current employer B to start porting my approved I-140.

When i spoke to my previous HR, i was told that my new employer can simply file a job change application and start I-485.
But my current HR says that i need to start the whole PERM process from scratch, so i better go back to my previous employer and get the I-485 filing done.

I’m confused. Is it mandatory to file PERM/Labor again or my current HR is confused?


Based on my experience being in the same boat 5 years ago, you need to start a new PERM process and file for I-140 and retain the previous PD.

Hello Folks,

I have EB2 priority date SEP-2011 with employer A. Now I’m working for employer B, who is yet to start GC process, I feel it will take 9-12 months to start the process and after that another 8-12 months for PERM approval. So

  1. Is it GOOD to downgrade from EB2 to EB3 with employer A & file I140 & I485 together as future employment?
  2. If I downgrade from EB2 to EB3, will my EB2 I140 still valid?
  3. While Pending downgraded EB3 AOS application, will employer B can start PERM & I140 in EB2 and by that time EB2 dates are current, can employer B file I485?

Appreciate your responses.

Hello Anil,

I have transferred from Employer A H1B until 2020 feb to Employer B and H1b is approved for 3 years, I have I 140 beyond 180 days with PD of June 2012 EB - 2. I have following questions:

  1. If Priority date becomes current under EB 2, can I go back to Employer A ? And does Employer A need to apply for H1B as my H1B approved with them was only until Feb 2020.

  2. I’m aware that Employer B can file green card using previous I 140, should he start from scratch applying labour, PERM and all ?

Appreciate your response!


Please assist me with the below query.
Situation: SAME Employer - Filed EB3 with PD Aug 2010. Upgraded to EB2 in 2016 and retained the PD.
Query: I’m debating if I need to file my 485 in EB3 or EB2 category since Dates For Filing is current for both the categories.
Scenario 1: If I file my 485 in EB2 and in future if EB3 Finals Action Dates become current then - Can I file 485 in EB3?
Scenario 2: If I file my 485 in EB3 and in future if EB2 FInal Action Date becomes current then can I file my 485 in EB2.

In general, am I even eligible to file my 485 in EB3 since I have already upgraded to EB2 in 2016.

Appreciate if you could bring some clarity to the sitiuation.


My India EB2 PD is in March 2014. (I’ve been at the same employer since then). With the October-2020 bulletin I can file an I485 with an EB3 downgrade (and the employer is willing to do it if I want)

If I file, I expect to be in this new “I485-pending” queue for the foreseeable future. And I’ll be maintaining H1B (and EAD/AP) thru this time.

Assuming that the EB2 -> EB3 Final Action dates will flip-flop back again (say after 5 years). I know if I stay at the current employer I can interfile again against my existing EB2.

However, if I want to switch to another employer in a couple of years from now (ensuring 180 days 1485 ending)? And EB2-EB3 dates flip-flop:

Will the new employer need to file a new EB2-PERM-I140? Are they even able to file a new EB2-PERM-I140 and link (interfile) it with the existing EB3-based I1485? (re-upgrade if you will)
(Or does the EB3 I485 rule out EB2 transfers with future employers?)


I have a question on I-485 filing, Company A filed my GC with priority date 2013 on EB2 category. I changed to company B but company B has not initiated the GC process.
I have below questions,

  1. Can my old employer company A can file my I-485 while I am in still company B.
  2. If my new company B starts the GC process now, how long it will take to get to I-140 (I know it depends on many factors, but looking for an estimated time)
  3. As of now EB3 current is 2015 Jan, Can I file I-485 immediately after my I-140 approval.

Thanks for your help

My lawyer is suggesting that in a departure from USCIS practice, we no longer can have both EB2 & EB3 i-140 alive, is this true??

“In a departure from prior practice, USCIS now requires that the EB2 petition be amended to EB3 in order to downgrade. This means that, upon approval of the EB3 request, you will not have an EB2 I-140 approval to which you could return (if, for example, the EB2 and EB3 dates flip and EB2 becomes more favorable) unless you file yet another I 140 amendment to upgrade from EB3 back to EB2 (with the attendant risks and costs described above)”

Need confirmation on this, thanks!

When I was at previous employer I had I-140 approved in EB2 with priority date in Jan 2015. I moved to New employer on June 29 2020. I have H1B approved at new employer and they will be filing PERM soon ( in next few weeks). According to Oct Visa bulletin my priority date is current for EB3, I want to discuss if I have any option (either from previous or current employer) to file I-1485 . If not, what is your recommendation (or just wait for next visa bulletin) and when you think I can file I-485 next.

Hi, My priority date is 2014. With all changes that occurred , Is there a deadline before which adjustment of status application must be filed (before 30th Oct 2020 or before next visa bulletin is published) ? considering if date retrogrades in November bulletin.
What happens if I have not filed until new visa bulletin is published for November on( for example : 10-10-20) and my dates go back few years.

@Jeeya21, I am on the same boat as you. Have you found any suggestion or ways . My priority date with old emp is Jan 2014 on EB2 and moved to a new job during March 2020. Pls update. Thanks

I have an approved EB2 I140 priority date Oct 2015 and recently moved to a new employer. I know I have to go through the whole PERM process to transfer my I140. With EB3 priority date favorable than EB2 should I ask my new employer to apply for EB3 instead of EB2 or is it even possible to apply in different level?

Hi Anil,

My company has both EB2 and EB3 I-140’s approvals and they are ready to file I-485.PD April 2010

1)Which category would be better to apply?
2)What are the chances of getting my PD current?

Please provide your thoughts. Thanks.

Prashanth, Thanks for the info! I will take care accordingly.