Filing EB2 and EB3 I-140 at the same time

My PERM approval is underway and I was wondering if the PERM gets approved, can I file I-140 in both EB2 and EB3 at the same time? Or do I need to wait for the EB2 I-140 to get approved first and then downgrade it later to EB3 with the same PERM?


Under 8 CFR section 204.5(a), an I-140 petition generally must be accompanied by an original labor certification to be considered properly filed. You can file under both EB2 & EB3 isf you have two LCs to accompany with your applications in each category.
However at this point there is no real reason to file under both categories as your priority date will fall somewhere this year or early next year and there is almost no chance that your date will be current in either of the category this or next year.
I would just file under EB2 and downgrade later if the priority date becomes current under EB3 in future.

My PD is June 2014. New PERM is under process because I changed my employer.

You can file both EB2 and EB3 i140 together at same time.

Hi Mandeep,

PD of June 2014 has better chances to become current under EB3 by end of this year.

How does it work? Could you pls elaborate? I heard that original LC is needed when filing for I-140. Can a copy of the LC be used to file for EB3 at the same time?

Yes, that’s why I want to file i-140 in both EB2 and EB3.