You ar right. In addition, according to current requlation,

once the 140 based on EB3 is approve, he may be able to use the PD immediately when filing the EB2 140, which means that he is able to file concurrent EB2 140/485, if the new PD of the EB2 that used the EB3 PD is current. Someone did it. Check a lawyer before really doing it.

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