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.
Hi everybody.. Thanks to excellent work by Rajiv and his colleagues, we received our GC in about 10 months - filed 485 in Jan01, approved in Nov01 EB2 RIR. There is no doubt Rajiv & team are the best- one can feel assured about the entire process - we got step by step explanation of the entire process, the documents that will be required, sample of all affidavits that may be required. We just provide personal and work info, Rajiv's office completes all paperwork and send them for your signature - very quickly by Fedex. Diane is very thorough and a pleasure to work with. We had no RFE's but had to file I140 amendment for company merger. Everything went on smoothly, thanks to Rajiv's staff and their solid preparation. Entire GC process started in Sep 99 to approval in Nov 01. Great job Rajiv. Once labor was approved, we had info as to what we can expect in the I140 and I485 process. All we had to do was fill in our part and leave the rest to RSK's office. Rajiv is so easy to reach as is the person working on the case. Prompt response to your queries and no-nonsense communication are other highlights one can find when working with Rajiv. In closing we have no hesitation in recommending Rajiv Khanna to look after your immigration needs. Just look at how many folks felt happy working with Rajiv. Thanks to his famous website immigration.com and the various links (the forums section is my favourite) he has surely helped so many of us to successfully complete the long journey to residency. God Bless.