Finally Seven years of waiting comes to an end after so much of struggle, moving the case from EB3 to EB2, Interfiling, Follow ups from Senators Office, Follow from AILA thru your office, pending for security etc.. Thanks a lot for all your support and for your entire team, especially Amrita and Sheena for their continuous follow up with Service Center and AILA and keeeping me updated at every stage
FAQ‘s:
Others:
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?
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 have utilized the services of Attorney Rajiv Khanna many times over the last 10 years and have 100% of the time been satisfied with the prompt, expert, and swift handling of the H1B and Green Card applications. Most recently I took over a very complicated immigration situation when I took over as the Chief Operating Officer for CCOM Medical Group. I was faced with an employee that was out of status and her whole immigration process had been mishandled by numerous attorney’s over several years. Rajiv’s staff quickly put together a plan, researched all the potential obstacles we could potentially run into, and executed parallel applications for an H1B visa and green card. The end result was obtaining an approved H1B visa for my employee and H-4 for her son along with an approved I-140 so that as her priority date comes up later this year she can get her green card. We are all very happy and appreciative of the fine work Rajiv and his staff did for our employee and CCOM Medical Group. In my ten year history in working with Rajiv he has never, ever, let me down and he and his staff are always conscious of ensuring I have the appropriate expected outcome in mind and am fully aware of any downside to a situation before it happens. I like to make informed decisions and Rajiv allows me to do that. Anyone reading my comments is more than welcome to contact me at (918) 683-0753.