u/keehuh

Looking for advice from anyone who has been in a similar situation or attorneys/experienced folks here.

My situation:
PD: May 8, 2014 (India)
Originally EB2 approved
Downgraded and filed AOS in EB3 on Oct 30, 2025 because EB3 filing date was current at that time
So my pending I-485 is currently linked to EB3
I also still have an approved EB2 I-140 with same employer

Current status:
EB2 FAD became current for me briefly, but latest bulletin retrogressed
EB3 moved forward by 1 month, but still not current for my PD
I-485 has had multiple soft updates recently (Apr 3, Apr 13, Apr 14, May 16, May 19, May 20)
Principal + derivative both had same-second backend updates together

Emma says:
case is at Phoenix Field Office( local to me)
case complete / no missing docs
no interview scheduled
case is “in process”

Attorney advice:
My lawyer says they do NOT recommend interfiling back and forth because:
USCIS gives no acknowledgment of TUB/interfile
could create delays/confusion
if EB2 retrogresses again and EB3 later moves, it gets messy
their anecdotal experience is USCIS sometimes reviews based on whichever category is current when both I-140s are approved (not sure how true this is)

My concern:
If I send EB3 → EB2 TUB now:
what if EB2 retrogresses further?
if EB3 later overtakes, does this create a mess?
does it affect anything with pending I-485 adjudication timing?

If I do nothing:
USCIS may just wait for EB3 to become current
but I’m worried I may miss a faster EB2 opportunity if officer won’t look at it automatically

Question for the community:
If you were in my shoes, would you:
A. Send EB2 interfile/TUB now
B. Wait 1–2 more visa bulletins and see how EB3 moves
C. Do nothing and trust USCIS to use whichever basis is current
Would especially love to hear from anyone who had dual EB2/EB3 approved I-140s with pending AOS and what USCIS actually did.

Looking for advice from anyone who has been in a similar situation or attorneys/experienced folks here.

My situation:
PD: May 8, 2014 (India)
Originally EB2 approved
Downgraded and filed AOS in EB3 on Oct 30, 2025 because EB3 filing date was current at that time
So my pending I-485 is currently linked to EB3
I also still have an approved EB2 I-140 with same employer

Current status:
EB2 FAD became current for me briefly, but latest bulletin retrogressed
EB3 moved forward by 1 month, but still not current for my PD
I-485 has had multiple soft updates recently (Apr 3, Apr 13, Apr 14, May 16, May 19, May 20)
Principal + derivative both had same-second backend updates together

Emma says:
case is at Phoenix Field Office( local to me)
case complete / no missing docs
no interview scheduled
case is “in process”

Attorney advice:
My lawyer says they do NOT recommend interfiling back and forth because:
USCIS gives no acknowledgment of TUB/interfile
could create delays/confusion
if EB2 retrogresses again and EB3 later moves, it gets messy
their anecdotal experience is USCIS sometimes reviews based on whichever category is current when both I-140s are approved (not sure how true this is)

My concern:
If I send EB3 → EB2 TUB now:
what if EB2 retrogresses further?
if EB3 later overtakes, does this create a mess?
does it affect anything with pending I-485 adjudication timing?

If I do nothing:
USCIS may just wait for EB3 to become current
but I’m worried I may miss a faster EB2 opportunity if officer won’t look at it automatically

Question for the community:
If you were in my shoes, would you:
A. Send EB2 interfile/TUB now
B. Wait 1–2 more visa bulletins and see how EB3 moves
C. Do nothing and trust USCIS to use whichever basis is current
Would especially love to hear from anyone who had dual EB2/EB3 approved I-140s with pending AOS and what USCIS actually did.

I got a lot of DMs and messages from my previous post asking for basic details. Honestly, most of that information is easy to find with a simple search. This company advertises that EB1A is easy and that almost everyone qualifies. If you believe that, I have a bridge to sell you.

Before you decide to sign up and pay 30 to 50K, I have one simple request. Talk to a few attorneys of your choice( there are some suggestions from community in this sub). Some offer free consultations and others charge a small fee. Ask them honestly about your profile and also mention that EB1A Experts would be helping you.

You will quickly notice a pattern. Many of them will either refuse the case or raise serious concerns. There is a reason for that.

This company does not have a strong standing with reputable attorneys. Several law firms have already stopped working with them because their own reputation was being affected by the association.

Do your due diligence before committing that kind of money. It is your career and your future on the line.