Eb3 downgrade ability to pay

Hi,

What is the impact on approved eb2 if eb3 downgrade denied for ability to pay issue?

Your EB2 will still be valid if downgrade to EB3 is denied.
However if this same employer will be providing I485J supplement in future when your EB2 date gets current, USCIS may deny your I485/AOS if they find the employer is unable to pay.
You should consider moving to another employer with robust financials.

1 Like

Thank you. Don’t they check financials if I go directly with eb2 without downgrade?

Even with EB2, the employer has to submit I485J supplement where they need to disclose company financial such as income etc.
I485J is not required when you file I140 & I485 concurrently.

Are they any chances to revoke eb2 and eb3 downgrade petitions at same time if ability to pay issue pop up?