Guestbook Entry for Aswini Panigrahi , United States
Name
Aswini Panigrahi
Country
United States
State
WA
Search
Guestbook Entry for Imam Dudekula, United States
Name
Imam Dudekula
Country
United States
Comment
Myself and my family got GC approved. My case had become bit complex due to my doctor's ignorance in preparing medical report properly.
Mr. Rajiv & his employees were very patient through the entire process and helped me through the approval process.
No need to say he is an expert in the Immigration & Naturalization affairs and best part of him I liked is: he is always reachable by email and also by telephone as and when needed without any waiting time!!!
Usually when we want to get some advice from an attorney or a doctor, first thing that comes to mind is they are not reachable without a formal appointment etc. Mr.Rajiv though he is so famous among immigration lawyers, he is still reachable at anytime as and when needed.
His employees were also very cordial and provided personal attention to my case.
In short, he saved my life here.
I would strongly refer him for any USCIS related work.
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.
It was a very good experience working with Rajiv, whose office handled my green card application under Outstanding Researcher category. They did an excellent job in a very timely manner, and I got my I-140 followed by I-485 approval all within two and half years from LIN center. Thanks a lot to Diane, Prerna, and Suman.
I highly recommend them to anyone looking for immigration related services without any reservation.
A note: Prior to Rajiv I worked with a lawer representing my company and wasted lot of time.