Can I interfile an I-140 from my former employer to upgrade / downgrade between EB2 and EB3 after moving to a new employer?

Answer

If you interfile a prior employer’s I-140 to upgrade or downgrade, you are telling the USCIS that you plan to work for the prior employer once your green card is issued. That employer must still have a bona fide job available for you, and you must actually intend to assume that role when your green card is issued. (10.Sep.2025)

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