对于脑残律师，我把那份文件发给他让他琢磨之后，得到以下长长的脑残答复：
I hope this email finds you well.
By stating that I work until day's end, I probably should have specified
that I end the day very late!
I took some time to review the EB2 to EB3 downgrade. I even conferred with
some colleagues to get some additional perspective.
For all practical purposes, there are two perspectives on the downgrade
phenomenon.
The first is to file an amended I-140 petition for the EB3 with the
concurrent adjustment application based on the earlier priority date and
labor certification (even if "expired"). This is based on the
interpretation of 8 CFR s. 204.5(e) that states that a beneficiary can have
multiple I-140 petitions filed for him/her as long as he/she qualifies for
different categories. The process would be to simply file the amended I-140
and note the existing labor certification.
The second perspective agrees with all the above, but holds that any
transition to a different EB category (i.e., EB2 to EB3) needs a new PERM
labor certification. This perspective is supported by the fact that a labor
certification is used to test the market for the appropriate category.
Thus, any change to a different (particularly, a "lower") category, must be
done alongside a new PERM labor certification that shows that the position
in question could be satisfied by someone with EB3 qualifications (in your
case, that would be Bachelor's Degree or commensurate experience).
It is my legal opinion that the second perspective is the correct (and
ethical) approach to this matter. It appears strategic to simply file the
downgrade without a new labor certification. However, amending an existing
approved I-140 may put the foreign national at risk if the amendment is
denied. Therefore, I think the approach that best protects your interest
and preserves your current priority date would be the re-filing of the labor
certification based on EB3 qualifications. The question at hand; however,
would be whether the work you perform is Bachelor's level work. If so, I
believe this is your best opportunity.
Therefore, if you wish to proceed, our legal fees (not including filing fees
or PERM advertising fees) are as follows:
1. PERM Labor Certification: $3500
2. I-140, Amended Petition: $1000
3. I-485, Concurrent Filing with I-131/I-765 (based on earlier priority date
) for you and your wife: $1250.
Please let me know if you wish to proceed and I will send you the
appropriate agreements.
Sincerely,
一句go fuck youself就当回信了。
