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.
My wife and I received our I-485 approval on July 3rd 2010 EB2 Category with PD September 23 2005. Rajiv S. Khanna was our attorney and he has simply wonderful team of case workers.I like to thank personally Prerna Mehta who was very helpful in every step of my I 485 and I 140 process. Also I want to thank Richa Narang for following up with me regarding GC filing during initial stages which lead to my GC approval. I like to thank Rita Dhakal who helped me in filing I 485 case by reviewing the file very carefully and pointing out any mistakes and it lead to my I485 approval. This is a great team of attorneys who you cannot get any where else. They are highly professional and very efficient. They are very polite and calm whenever you call them and also you get the response very quickly. Over all this was a great experience for me personally. I would consult them in the future if I need any immigration related legal advice. All I can say is that they both feel just like family and are truly the best team i have worked with for any such legal matters or otherwise. Thanks to Rajiv and his excellent team.