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1. can downgrade of EB2 to EB3 I140 use premium processing?

-Because the downgraded I-140 (EB3) does not need a new PERM Labor Certificate, USCIS normally do not accept premium processing if you  request it with I-140 filing because they need time to find out your original PERM Labor certificate. But if your file your downgraded EB3 I-140 to the same USCIS Service Center where your original EB2 I-140 is located, USCIS probably will accept your premium processing for the EB3 I-140.

If your new I-140 will not be filed to the USCIS Service Center where your EB2 I-140 is located, I would suggest that you just file the downgraded EB3 I-140 regularly, then request the premium processing for this EB3 I-140 after you get the EB3 I-140 Receipt Notice. This is the way most people have done for premium processing for the downgraded EB3 I-140. Discuss it with your lawyer/employer.

2. concurrent filing of I-140 and 485 是根據表A 還是表B上的日期?

-Sometimes it is based on A Form and sometimes it is based on B Form. USCIS will tell you which form is used to determine I-485 filing every month. Check this link every month for this issue:

Adjustment of Status Filing Charts from the Visa Bulletin | USCIS

 

3. is it better to do the downgrade from EB2 to EB3 before hand or wait till the Priority Date is current?

-Do it now if you want to, the sooner the better. Talk to your lawyer/employer.

4. if Priority Date is current， can concurrent filing of I-140(downgrade from EB2 to EB3) and 485 use premium processing together?

-Yes, you can file I-140 and I-485 concurrently. See above explanation on the premium processing.

5. Since I-140 is for main applicant, but 485 can be for dependant, can concurrent filing with premium processing for the entire family?

-Your dependents can file I-485 together with you if the priority date is current. Premium processing only applies to I-140 in your case, not I-485. Of course, if your I-140 is approved earlier, your entire family I-485 may be approved quickly if the priority date is current.

6. how can the expedite processing be done for 485? any fees for each family member?

-No premium processing or expedite processing available for I-485.

7. According to USCIS website, regular processing time of I140 is 15-22 months. If filing I140 without premium processing, Priority Date becomes currently when waiting for I-140 approval, can I-485 and combo card be filed?  or have to change I-140 to Premium Processing first and until I797 notice of approval is received then file I-485?

-As long as you file I-485, you can apply for advance parole (AP) and EAD no matter whether the EB3 I-140 is approved or not. You can apply for AP and EAD together with I-485 filing or apply for them later by providing the copy of I-485 Receipt Notice.

 

Thank you!

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