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Question

Dear Attorney, My EB2 I-140: Approved in 2021 with current employer Priority date: mid-Jan 2013 (date ported from previous employer's I-140) Nationality: Indian Current employer is planning to do a downgrade from EB2 to EB3 (if my priority date becomes current in EB3 in the upcoming August visa bulletin). Here are my questions. Question 1) What are the conditions that should be met for EB2 to EB3 downgrade premium processing? Question 2) If we use premium processing for downgrade, I am wondering if USCIS rejects the premium processing and sends the application back,  will we have enough time to re-apply in regular processing? We are not sure if USCIS, in the case of EB2 to EB3 downgrade is required to respond within 15 business days (as per Premium processing rule) from the application receipt date.  For example, if USCIS rejects the premium processing after 2 months of application receipt date, and if we receive the application back at that time, there is always a chance that priority dates may have already retrogressed by that time. In that situation, we cannot even reapply in regular processing. Thank you.

User's Location: SLC, Alabama, United States of America

Category: Employment-based Green Card