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Is downgrading to EB3 worth it?

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  • Is downgrading to EB3 worth it?

    My Priority date is 08/31/2009 and I have filed under EB2 category. The 'Date of Filing' for EB3 has already gone past and is at 04/01/2010. If I downgrade to EB3 then I can file for AOS except my lawyer tells me that USCIS won't let me do that right now since they are not accepting AOS applications based upon 'Date of Filing'. I was wondering if USCIS does start accepting AOS as per 'Date of Filing' would it be worth it to downgrade to EB3 and file for AOS. EB2 is right now at 04/16/2009 and 06/01/2009 for 'Final Action' and 'Date of Filing' respectively. If I downgrade to EB3 I will have to pay an additional $1200 out of pocket and also I was wondering if EB3 will retrogress back like EB2 did a few years ago?