EB2 to EB3 Downgrade - New petition by Successor in Interest

I’m trying to downgrade from EB2 to EB3 by filing “New” I-140 petition, by using old PERM. Since my previous employer was acquired by the Successor, is there a problem with this approach? Can the successor file a new I-140 without PERM or only “Amendment”?
Priority Date - June 2015

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Just wondering if your immigration lawyer is saying that they will need to do ‘Amendment’ instead of ‘New’?

So my attorney suggested the amendment route first. When I said I preferred “New”, he agreed to do it without much resistance. Now I read the thread that you have pasted above, I’m doubting my decision. My I-140 is filed as “new” now, so I guess we will find out sooner or later.

I will update the thread either way.

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This is interesting. Please update this thread with the result of downgrade as ‘New’ with your current employer who is successor-in-interest.

I am in the same situation.
I did research and spoke to few attorneys and gathered the information.
The Correct way to go is filing an Amendment.
Remember, when your company is acquired by another company, basically you cannot use your existing I140 if your date becomes current. You need to file an amendment and then file concurrent i485 in that case.

If your attorney tells you to file an amendment for Successor in interest situation, go with that … In the I140 amendment, you have an option to select EB2 or EB3 and it is your choice…

Example: If your original I140 is in EB2 and filed an amendment, you can ask for EB3 and file I140.
Later if your PD becomes current in EB2, you can file another I140 amendment with EB2 and file 485 concurrently.


Thanks @Anil_Kumar14 . This is my understanding too.

Interesting. I have to agree with what you have mentioned. I can’t seem to find SII cases who have filed as new.
I have to hope the attorney knows what he is doing and has some basis in the filing. Otherwise he should have been more transparent.

Anyone else got other experiences to share?

Small update. We got the receipt notice from USCIS. It’s not a guarantee but seems like a step in the right direction.

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So, did you your attorney file your I140 as a new petition or amendment?

It’s a new petition under eb-3

Just an update to the thread. I filed for Premium Processing for my case and it was accepted and the application was approved.

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