Is it recommended for self and spouse to both apply for I-140 EB2 to EB3 downgrade and I-485 with their respective employers?
I file for I-140 EB2 to EB3 downgrade and I-485 with my employer A and add wife has dependent. At the same time, wife also files for I-140 EB2 to EB3 downgrade and I-485 with her employer B and adds me as dependent.
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
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.
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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.
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Matters of strategy are to be discussed with respective counsels so you understand pros and cons of such filings.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.