EB2 to EB3 downgrade

Oct 2, 2020 4 Comments

I was working for employer A for several years and got my I 140 approved in EB2 category and valid H1B till 2022 and my PD is oct 2015. Switched to employer B just 2 months back after H1B approval and perm is yet to be applied. Perm will take another 6 to 9 months from now after which they can apply for EB3 downgrade. I don't think the EB3 priority dates will remain same for next 9 months. I talked to my previous manager from employer A and he is ready to hire me back.My plan is to ask the employer A to apply for EB3 downgrade after joining them since I have valid H1b and I 140. Do I need to apply for H1B transfer when I have valid H1B with employer A? Do I need to apply for perm when I have valid I 140? Are there any risks in joining back with employer A?

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