New I-140 to file in EB3 or EB2 (Old priority date)

Hi my previous I-140 with priority date Feb 23rd 2015 filed on EB-2 by my previous employer. Recently PERM got approved with my current employer.

  1. As my new I-140 is about to be filed, do you recommend filing the new I-140 downgrading to EB-3, as the priority dates are moving fast in EB-3 queue?

  2. Also filing I-140 in premium is better option? (just to be ready to file I-485, if PD becomes current)

Feb’2015in EB3 has good chances of at least being in DOF chart in Oct-Dec’2021 timeframe. Hopefully USCIS will allow to file under DOF.

I would do PP if I were you.

My immigration team says, I-485 can be filed while I-140 is still pending to be approved? Is that correct?

Not until your I-140 is still pending and your PD gets current in DOF (if allowed to file) or FAD chart.