Guestbook Entry for Santosh , United States
Name
Santosh
Country
United States
State
Delaware
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Guestbook Entry for Sudip , United States
Name
Sudip
Country
United States
State
New Jersey
Comment
From 2003 I have been working with Rajiv Khanna's office. My thanks to Rajiv,Subha,Roopa and Tarun. My questions were always answered on time. Tarun deserves a special mention.He had been quite helpful and was always very prompt in dealing with all the issues. Hopefully I will be able to write a "thank you" note soon once my Green Card comes through.
Guestbook Entry for Srinivas Pasupulati , United States
Name
Srinivas Pasupulati
Country
United States
State
California
Comment
Finally me and my family got the green card approval.It has been grueling task as I have waited so much, inspite of so many so many hurdles my goal is reached .I am very thankful to Rajiv Khanna in taking keen interest in my case.Mr Rajiv and his staff members ( Mathew Chacko, Suman Bhasin,Kumuda
Guestbook Entry for Sundar, United States
Name
Sundar
Country
United States
State
TX
Comment
I started relationship with Rajiv Khanna in 2004. I appreciate quick response and answering all my questions. In last 3 years there was never a phone call or mail unanswered.The professionalism extended by the entire team is great.My thanks to Subha,Roopa and Tarun.I want to convey my sincere thanks to TARUN he filed my I140. Tarun is very prompt in response,very helpful and very patient in answering all my questions.
Thanks for your great service.
Recording for October 05, 2023 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
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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.
The team work at Law Offices of Rajiv S Khanna reflects the vastly experience, committed staff, prompt responses, which can be seen only in the leaders of their business.
Special thanks to the entire team, including Rajiv, Mathew, and Rita for their work for my green card process.