⏳ EB-3 Adjudication Question After EB2 TUB and Supplement J Approval - India PD December 2013

⏳ **Case Status: Pending** --- Applicant with both approved EB2 and EB3 I-140s filed I-485 under EB3 in November 2025, then submitted a TUB back to EB2 with Supplement J approved in April 2026. Now current under EB3 but not EB2, applicant questions whether USCIS can still adjudicate under EB3 without a new formal transfer request. Applicant holds dual approved I-140s under both EB2 and EB3 with a priority date of December 2013. The I-485 was filed in November 2025 based on the EB3 category downgrade strategy. A Transfer of Underlying Basis (TUB) from EB3 back to EB2 was submitted along with Supplement J, which was approved and closed in April 2026. FTA0 and FTA1 activities were recorded post-TUB submission, and the case is currently at the National Benefits Center (NBC). The core question is whether, given that the priority date is now current under EB3 but not EB2, USCIS retains discretion to adjudicate the I-485 under EB3 without requiring a new formal TUB filing. The post solicits real-world experiences from others who have navigated a similar category switch mid-adjudication. --- **[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1uwl6nu/has_anyone_been_approved_under_eb3_after_an_eb2/)** *Source: Reddit EB-3 search* --- *This post was automatically curated from online sources to share real case experiences with the community.*