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 finally received my green card this month after 5 years. Just a little background, I been working with Rajiv ji since 1999 , I almost have 6-7 H1 extensions. I started my GC process before Perm and been through almost all the possible complications one can have. I can proudly say that with help of Rajivji and team I am able to finish that journey without losing the hope. I got an opportunity to talk to Rajivji for than 6-7 times on different problems. I am really amazed the way he handles these repetitive questions with sincerity and in-depth knowledge of his trade.
On one Friday I received a notice that USCIS transferred my I-485 case to AAO by mistake even after they approved my second I-140. I was really upset as it means there will be at least 18 months delay even if my date is current. To my surprise I received CC email from Mr.Khanna on early Saturday morning guiding his team about next step. It clearly shows how closely he monitors most of his cases.
Also many thanks to [b]Sumanji,Anna, Mathew,Rita,Bharthi,subba,Pranita[/b] and other staff members who are very co-operative during this process.
I am greatly thankful to one of Rajivji’s [b]attorney Ms Sheena Gill[/b], with whom I worked for last two years. She is more than one can ask to get[b] best case manager[/b] on your case. Since USCIS send my case I-485 to AAO it was clear that this case will go nowhere. Sheena was super prompt in following up the case during this time. Without her efforts it was not possible to reach at this stage.
I am thankful to Mr.Rajiv Khanna and his staff for all the help during these nine years.