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Looking to decide if I should downgrade to EB3 and file AOS (as principal) or await EB2 to become current, while getting EAD through spouse:
Background:
Self: Approved EB2 I140 with late 2012 Priority date
Spouse: Approved EB2 I140 with late 2014 Priority Date (diff employers)
With October visa bulletin movement for India, both of us have become eligible for EB3 downgrade + AOS filing. Both employers are preparing to file EB3 downgrade + AOS.
Question:
Should I downgrade to EB3 or wait it out in EB2? Given that the employer can interfile in EB2 if the dates were to progress faster and were to become current, it looks like the right thing to do is to downgrade so I can take advantage of both queues. In short, is there an advantage in being in EB2 versus downgrading to EB3 and interfiling on EB2 if necessary?
Background:
Self: Approved EB2 I140 with late 2012 Priority date
Spouse: Approved EB2 I140 with late 2014 Priority Date (diff employers)
With October visa bulletin movement for India, both of us have become eligible for EB3 downgrade + AOS filing. Both employers are preparing to file EB3 downgrade + AOS.
Question:
Should I downgrade to EB3 or wait it out in EB2? Given that the employer can interfile in EB2 if the dates were to progress faster and were to become current, it looks like the right thing to do is to downgrade so I can take advantage of both queues. In short, is there an advantage in being in EB2 versus downgrading to EB3 and interfiling on EB2 if necessary?
