Interfiling when downgrade I-140 petition is filed as amendment

Question details

I filed a EB-3 to EB-2 downgrade concurrent I-140 and I-485 in October 2020, where I-140 is filed as an Amendment petition and NOT as a NEW Petition. This I-140 Downgrade and I-485 petition is still PENDING. I am maintaining my H1B status and work with the same employer who filed my original I-140 EB2 application, I-140 EB3 Amendment petition and I-485. Am I eligible to interfile?

ANSWER

As far as I can tell, you are eligible.

FAQ Transcript

Note: Where transcribed from audio/video, 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.

Add new comment

Filtered HTML

  • Web page addresses and email addresses turn into links automatically.
  • Lines and paragraphs break automatically.
  • Allowed HTML tags: <a href hreflang> <p> <h2 id> <h3 id> <h4 id> <h5 id> <h6 id> <em> <strong> <cite> <code> <ul type> <ol start type> <li> <dl> <dt> <dd><style> <drupal-entity data-*>
If you want to be notified of a response to your comment, please provide your email address.
CAPTCHA
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.