Does USCIS accept Eb2 to Eb3 downgrade request at I 140 RFE stage?

Raj_140

New Member
PERM approved in EB2 (bachelors degree with 5 years experience requirement) where one of the experience was pre-baccalaureate. USCIS issued an rfe stating the experience would only be considered post-baccalaureate, which makes work experience short of 3 months for 5 years experience.

My attorney is planning to amend the petition from Eb2 to Eb3. Does USCIS accept the downgrade request at this stage (I 140 rfe stage)
 
I believe you should accept it. Technically it is not an amendment. USCIS is extending courtesy of approving your case in EB3 making your employer save money by not having him refile in lower category.
 
I believe you should accept it. Technically it is not an amendment. USCIS is extending courtesy of approving your case in EB3 making your employer save money by not having him refile in lower category.

Thank you whitemimauz3 for the reply. My attorney was saying it is worth a shot and is up to USCIS officer to honor the request or not.
 
Top