File EB2 to EB3 downgrade i140 + i485. Replace EB3 i140 with EB2 i140 if EB2 gets current now?

hi Anil,
I have approved I-140 in EB2 India and my priority date is Oct 2009. I did EB3 downgrade last week and filed I-1485.

EB3 i-140 approval would take more than 6 month now.
In case EB2 final action date is reaching Oct 2009 in few month, can I change my underlying I485’s i-140 to EB2 even though still EB3 downgrade is pending.


Yes, you can change underlying I-140 with EB2 if EB2 date is current and is moving faster than EB3.
Found this article from Murthy explaining the concept of what you want to do.

I have a priority date of March 2013 from employer A and moved to employer B and ported the EB2 date to EB2 with the employer B. My wife is on H1b with PD of Dec 2016 - I had the following questions.

  1. If I downgrade my I140 from EB2 to EB3 if it is denied then where I stand?
  2. If EB2 date moves can I move back from EB3 to EB2? What if that denies and where I stand?
  3. If I get the 485, AOS and AP also maintain H1b and later I want to change employer can I do that?
  4. If yes for point 3 then what should I tell the new employer ( to apply for H1b and then again go through Perm labor, I140 and ead process)?
  5. Can I travel when I am in the process of 485,AOS and AP process.
  6. For how many years do I get the ead,485 and AP? Is the process easy to renew those?
  7. What is the real benfit of getting all this done by downgrading as I still have to go through the process of H1b, client letter for h1b and the stamping pain?

Appreciate your response.


Hi @aashishn

Please read all risks and benefits of EB2 to EB3 downgrade.

Hi, Could someone please help on my current situation?
My I 140 got approved in 2017 Oct in EB2/EB3 category with employer ‘A’ and in July 2020 I lost my Job.
My H-1b is in Transfer to the new employer ‘B’ who’s told me they will file my GC after 1 year. Now since USCIS have given date of filling till Jan 2015 I was wondering what are my options if they call for 2017 soon in this year by any chance?
Will I loose my priority date if my employer didn’t file my GC by then or I didn’t had my new i140. Plz help.
What if I don’t find a Job at all for few more months and don’t have opportunity of H1 anymore in some typical case and move to H4 ? what will happen to my I-140 and GC process ?