Has anyone received EB2 to EB3 Downgrade I-140 Approval Without Premium Processing?

Hi Anil / Guys,

My husband’s Priority Date is 10th August 2011 and we’re holding H4. As of today, my husband’s PD is current in both EB2 and EB3 categories.

We applied for my husband’s I-140 (EB2 to EB3 downgrade), EAD, Advance Parole, and I-485 on 29th October 2020.

My husband received his 765 (EAD) card and Advance Parole last week after only his EAD and AP were approved BUT EB2 to EB3 I-140 has not yet been approved.

The employer is not ready to use premium processing for his EB2 to EB3 I-140, even with our own money.

As per the other articles you have written, we will lose our right to switch to EB2, so we intend to not use his EB3 EAD & AP… Thanks again for the article.

  1. Have you heard from anyone whose EB2 to EB3 application is approved without premium processing?

  2. We always thought I-140 approval is mandatory before EAD or AP are issued, but here it is the opposite. We are receiving EAD & AP without I-140 approval. Is this normal?

  3. Should we wait for our EB2 to EB3 I-140 approval, or should we refile our I-1485 in EB2 (costing money again for 5 family members :pensive: ).

  4. Can we interfile to USCIS to use EB2 I-140? Will interfiling “delay our process”? Do you have a form or process for this kind of interfile on your site?

  5. We always check the USCIS I-140 processing times for skilled workers. It is November 11, 2020 as of today, but our I-140 has still not been approved even though our receipt date is 29 Oct 2020. We submitted a request for Out of Normal Processing Hours & are expecting USCIS to respond by Jan 1, 2022. Is EB3 Skilled Workers the correct category to check under?

Any help is appreciated…

Thank you so much!!

There are some i140 regular timeline approvals but most are still pending from Oct/Nov 2020 downgrades.

They can issue i485 EAD and AP even if the i140 is pending. Not sure why they do it but that’s how things work.

You can do EB2 interfile based on how confident you are that dates will remain current in EB2 queue.