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 express my gratitude and thankfulness to the Law offices of Rajiv Khanna for their expertize in handling my case from the very beginning. I received my green card on May 13, 2009 under EB2 category. Having dealt with several law offices, including famous attorneys in the New York and New Jersey area, I have not found such professionalism, couteousness and friendliness as exhibited by the Law offices of Rajiv Khanna. Every paper work submitted was accurately drafted , reviewed and questions answered prior to submission. The results were as Rajiv forecasted in the beginning, which shows he knows exactly what he is doing, which is ultimately satisfying to any client. Also, I had several consultation sessions with Mr. Rajiv and other attorneys lik Mr. Mathew Chacko without any additional fees/charges - May God Bless you and your offices Mr. Rajiv and may you continue to prosper. Also special thanks goes out to all who worked on my case namely Heather Crump, Leslie Hager, Mark Riddick and Art Shifflett and answered all my questions and clarified every single doubt that I had. I would definitely and gladly recommend the Law Offices of Rajiv Khanna to all my friends.