Guestbook Entry for Sandeep R Diwakar , United States
Name
Sandeep R Diwakar
Country
United States
State
MI
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Guestbook Entry for Amit , United States
Name
Amit
Country
United States
Comment
A big thanks to Rajiv and his excellent team including Mathew, Heather, Mark, Anna, Rena and everyone else who touched my case over the past five years. Thank you for sharing my pain when I was waiting (sometimes impatiently) for the Green Card and for responding to all my questions (of which there have been many) as I tried to understand the options available to me through the green card process as well as all the H1B renewals.
Rajiv, thank you also for the phone consultations as they have helped my decisions during crucial moments in my career.
Guestbook Entry for Smruti , United States
Name
Smruti
Country
United States
State
NY
Comment
Wonderful and thorough team- Att. Diane, Sheena and Matthew helped me at every step with RFE for I-140 as well as I-485. Ever ready and alert team. They would call me immediately whenever we were in need. Besides, Mr Khanna, personally took interest and supported, made suggestions when we had queries. Att. Diane and Sheena worked very hard on my case and did their best to put the message across.
I am grateful to you all and thank myself for choosing you.
Regards
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.
I would like to give special thanks to Mathew Chacko,Rita Dhakal,Pramitha , Suman B for thier prompt service & quick responses during the process.The GC was filed in May 2003 & from then till April 2008 ( when my 485 got approved, wife is yet to be aproved )I have been in close touch with RK's office & I really should say that how every busy these guys are, they have always got back to me for any questions,doubts that I had from time to time.
I have heard stories from other colleagues , friends about some law offices & how they handle the client GC cases.I would highly recommend RK's office & his team to anyone who wants to file his GC thru employment. You are guys are no -1 in every way.
I would also add that my employer has been equally cooperative & supportive to me during the whole process.