Is it recommended for self and spouse to both apply for I-140 EB2 to EB3 downgrade and I-485 with their respective employers?
Both of us have our I-140 approved under EB2 and the priority date is current for EB3.
Our motivation behind doing this is that if one of the application gets into an issue, we still have the other one.
3 attorney answers
If there is a possible issue with your I-485, you should consult with an immigration attorney first. Otherwise, filing I-485 under both categories is your choice. If a priority date is current for either EB-2 or EB-3, apply for an I-485 for EB-category with an earlier priority date. Also, consider other details of each EB-filing.
DISCLAIMER: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed. Guzhva Law Firm, PLLC periodically publishes or posts articles, presentations or news posts and other information on this website to apprise existing and potential clients about new developments in law. Please note that if you post comments or articles to any forum, blog or message board on this site, any personally identifiable information you provide in those comments or articles may be read, collated and used by anyone viewing them. As such, we are not responsible for personally identifiable information you may choose to make available through these channels.
It May not be recommended for both self and spouse to both apply for I-140 EB2 to EB3 downgrade and I-485 with their respective employers.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
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