I work for company A and have an approved EB2 I-140 with priority date of Dec 2014. Because I moved to a different location under the same employer A, employer has refiled my Perm on October 2020 and I am waiting for approval. In the best case scenario, or assuming that the final action or filing date become current for me, What are my options ? Should I wait for my current Perm to be approved to file for I-485 or can I used my previous Perm approval and I-140?
You can use old PERM to file EB3 downgrade if the employer is ready to support the job position at old location.
But, given that employer has filed new PERM for new location, it does seem that they have moved the job position itself.
In this case, i would suggest to file both EB2 and EB3 i140 as and when your PERM gets approved.
Thanks for your response Anil. Filing both EB2 and EB3 at the same time, Do you know if this is something that the employers generally agree for or I would need to fight a battle for ? Also, if the employer is not willing to do EB3 I140, Can I do it myself with the help of an attorney ? Also any negatives on filing both at the same time?
i140 is an employer’s application and even if you hire your private attorney, your employer will need to cooperate with them.
Your private attorney would need a lot of documents from your employer for i140.
Generally, employers do not agree to EB2 to EB3 downgrade easily as it adds another responsibility for a new EB3 i140.
Employees may not realize it but it does add a huge financial burden and a legal requirement to keep the i140 commitment in front of USCIS. This is not a simple job and hence most employers are hesitant unless they have a big set-up and enough money to support all i140s (they have applied in past and will apply in future).
It will be a task to convince them to file both EB2 and EB3 at the same time unless they already understand and have evaluated all pros and cons from their own balance sheet point of view.
Thanks Anil. This is so helpful!