EB3 and EB2 i140 approved with same Employer, downgrade options?

USA Green Card
1

In my case employer A and B are the same. PD April 2010, EB3 I140 was approved, then over the years ported to EB2 upon job promotion.
Question:

  1. In my case what would be the steps to down port? Is my previous I140 still valid or do I need to file new I140 concurrent with I485? Any obvious complications?

  2. Once I file EB3 I140 and get an EAD, later the EB2 FAD moves ahead, do I still have practical way to utilize EB2 I140 that I have now?

EAD is extremely critical for me as my spouse would lose job and business without the endangered H4EAD.

2

  1. Your EB3 i140 would still be valid. Check with your employer if they have withdrawn it or not.

  2. Yes, you can change the underlying i140 approval later for pending i485 if EB2 gets current faster than EB3 in future.

More information about EB2 to EB3 downgrade: