Should I downgrade to EB3 when EB2 i485 is pending with EAD and AP already issued?


(Anonymous) #1

Hi Anil,

PERM and EB3 i140 approved

Initially my company applied my perm and 140 under EB3 even though I qualified for Eb2.

Upgraded from EB3 to EB2

Did masters. Later company applied my perm and 140 under EB2 and used EB3 date.

Applied EB2 i485 - received EAD and AP

In year 2012 my priority date of 2009 June 17 th become current and applied my 485 under EB2. Received EAD and AP. Later dates wet back to 2003.

Can I move to EB3 now?

Whats happens to pending 485 application? After downgraded do I need to attend 485 interview because of new rule?


(Anil Gupta) #2

At this time, there is no need to worry about dates as both EB2 and EB3 FINAL ACTION dates are still almost next to each other.

There is no use of downgrading to EB3 in your case as you already have i485 pending EAD and AP.