I applied for EB3 in 2011 and port to EB2, now EB3 dates are moving forward and if it reach to my priority date am I still eligible for EB3 as I initially applied for or do I need to downgrade to EB3. Will there be any questions raised?
This is mostly a question of procedure and policy. The USCIS has been indicating that if you have only one I-140 approved under EB-2 but you want to file under EB-3 you have to file another I-140 using the copy of the same labor certification - perm application and get an EB-3 approval first. More...
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.