Guestbook Entry for Alok Thakar, United States
Name
Alok Thakar
Country
United States
State
NC
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Guestbook Entry for Anonymous, United States
Name
Anonymous
Country
United States
State
CO
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Dear Mr. Khanna: My labor case is certified!!! I am so excited! I would like to thank you and all your fantastic crew for the great job you do. I greatly appreciate all your help and support. Thank you very much and have a great evening!
Guestbook Entry for Vipul Amin, United States
Name
Vipul Amin
Country
United States
State
NJ
Comment
Dear Rajiv, Leila and All, Let me thank you all for such and excellent work done by all of you for my permanent residence application. I am so happy to thank you again and again for wonderful task. With God's grace, I got my permanent residence application approved by consulate general of America at Bombay, India on 27th Feb, 2001. I am really very impressed by good work of your esteemed office. Whole process took place within 14 mos of time. Thanks to great work of you and especially Laila, Richa, Suman and Vijay. I am very much convinced now that any Immigration related work in future, I will be not going anywhere but at Rajiv's Khanna' office. Thank you very much Rajiv. With all respect, Sincerely, Vipul Amin.
Recording for October 05, 2023 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
Discussion Topics:
Recording for October 19, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQ‘s:
- EB-2 vs. EB-3 visa filing: Pros, cons, and priority date considerations || What is a 212(a)(6)(c)(1) refusal of visa?
Others:
EB-2 vs. EB-3 visa filing: Pros, cons, and priority date considerations
Question details
My perm got approved on Oct 5, 2023. I am an Indian citizen with a priority date from my previous employer filing as March 28, 2012. As per the Oct 2023 visa bulletin, I am current under the “Dates for Filing” chart for EB2 and the “Final Action Date” chart for EB3. My employer's immigration firm insists on filing my I140, I485, I765, I131, and I693 under EB2 instead of EB3 for my case. So two questions:
1) Can you please explain the pros and cons of filing under EB2 and the pros and cons of filing under EB3?
2) As the EB3 “Final Action Date” chart is current for my priority date. Wouldn’t it be better for my case to be filed under EB3 instead of EB2, ensuring my 485 will get decided faster if filed under EB3 instead of EB2? Isn’t it?
FAQ Transcript
According to law it is evident that even with an approved EB-2 case, you have the option to file the I-140 under EB-3 – that's a choice open to you, and no one can dispute it. However, this doesn't mean that your I-140 and PERM are permanently tied to EB-3. What is typically done is filing the I-140 under the category that offers a more advantageous date. For instance, if you are in the EB-2 category and the EB-2 date is more favorable, you would file under EB-2. Conversely, if EB-3 is more beneficial, you would choose that option.
It's important to note that you cannot upgrade from an EB-3 PERM to an EB-2 I-140, but you can downgrade from an EB-2 I-140 to an EB-3 I-140 – or the other way around, downgrading from an EB-2 PERM to an EB-3 I-140.
So, when you have an EB-2 PERM, you have the flexibility to file under either EB-3, EB-2, or both. Importantly, this filing of the I-140 does not terminate your case or prevent you from returning to EB-2 in the future. Thus, there's no compelling reason not to consider filing under EB-3. As for whether it's better to file your case under EB-3 or EB-2, my recommendation would be to file I-140s for both categories – EB-3 I-140 and EB-2 I-140. However, for the I-485, it's advisable to file with EB-3 – that's likely the most suitable course of action.
Got my I-485 approval on March/26/2001, less than 2 yrs from when the labor certification application was sent in. I would highly recommend Rajiv Khanna to anyone looking for an immigration lawyer. Rajiv and his colleagues were all very efficient and prompt in preparing and filing the documents. Whenever I had any questions, they always replied promptly and explained everything clearly. Thanks a lot to all of them!