EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade
Q: 1. If the Priority date is current in EB-3 then my I-140 and I-485 can be filed EB3 (Lower it) but you said that after EB-3 will come then I should file I-140 in EB-2. Not sure about the whole concept, if possible can you elaborate in more detail?
2. Can I-140 be filed in EB-2 and EB-3 together? Or I-140 can be filed in EB-3 first once it gets approval in EB-3 and then need to file in EB-2 or vice versa.
3. My company attorney told me that once I downgrade to EB3 then I can't upgrade to EB2.
A: 1. You can always downgrade if you start your case in a higher category, but if you file your case in the lower category it's not possible to upgrade without refiling.
2. The answer is yes, although I like to do it separately for several reasons, most of all to avoid confusion, but now the government is well aware of these downgrades and I think you could file both of them together as two separate filings.
3. They must be saying something different as that is not true. If your PERM was filed as an EB-2 and I-140 was approved as an EB-3 you can always go back to EB-2 by filing another I-140 under EB-2. More...
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I would like to thank Khanna's Law office in every stage. Now he helped to cross the first stage. My Federal Labor certified. Even though we are client's to Rajiv, He treats clients as friend and some one very close to him by giving personal care and attention. Also his personnel's are also doing good job particularly Subha(Case Manager). I felt that my case has been taken with close personal care by Subha. You will feel, if you are dealing the case through Subha. I appreciate Subha's immediate response and perfect guidance, by treating us like a family member. I have no words to thank her. Also the follow up by Rajiv's office is excellent. I would like to thank Suman(Supervisor),Bindhiya and Mathew Chacko also in this time. Once again my heartful thanks to Rajiv for bringing my case to this level. I am also least bothered about my next stage, as I have good group of people like Rajiv and Subha with me. I strongly recommend every one to process through Rajiv's Office to get success.
I wish a very Happy and Prosperous New Year for Rajiv and his Team.