Downgrade EB2 i140 to EB3 to file i485 based on EB3 India Current Filing Date

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1

I have EB3 I-140 (approved in 2010) and EB2-I40 (approved in 2014) from same employer with same priority date.
My EB3 dates are current for filing AOS.

  1. Can I file AOS using EB3 I140?
  2. Is 485J required because EB2 was filed later than Eb3?

Can I downgrade and file for EB3 i485 adjustment of status?

2

EB3 Job Offer is still available

If the employer still has the EB-3 job offer and did not withdraw the approved EB-3 I-140 and you want to work for the employer in the EB-3 position, you can file your I-485 with supplement J based on the approved EB-3 I-140.

EB2 downgrade to EB3 i140

If the EB-2 I-140 is based on a better job offer than your EB-3 I-140, you may want to downgrade the EB-2 I-140.

More information: