EB2 I-140 approval needed for EB3 to EB2 downgrade?

punitag

New Member
EB-2 PERM Is currently under processing and hopefully expected by end of June 2021.

I am expecting my PD to be current under EB3 in the next few months.
I believe to downgrade from EB2 to EB3, you need the following
- EB2 PERM approved
- EB3 I-140 application

my question:
- do I need EB2 I-140 approval as well before filing the downgrade application or just the PERM is sufficient?
 

whitemimauz3

Registered Users (C)
If your PERM is eligible to be filed in EB2 then you can file initial I-140 in EB2 & subsequent one in EB3. Of course for subsequent one you need original PERM and since you might have already used in EB2 filing you have to request USCIS to get one from DOL & subsequent EB3 I-140 has to be filed in regular processing since original PERM is missing.
You can wait to get EB2 I-140 approved & when EB3 dates become current in future, you can concurrently file downgraded EB3 & I-1485.
 
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