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.
Work Done : Employment Based Green Card Can people contact me as a reference: Yes I got my Green card approved on July1st 2010. I started the Whole process on April 2005 with Rajiv Khanna as my attorney. I must mention the speed at which they got my labor and 140 approved was very impressive.I must also mention the paper work done under his team's guidance was very methodical and I belive it helped me get my GC approved without any RFE's. I was very impressed with mr khanna's staff in general and with a special mention of mr mathew and bharathi who were very patient will all my questions and concerns.I was also very impressed with the way my daughter's case was handled by Mr Khanna and his staff, recommending me with different options and advicing me to do the right thing at the right time. My daughter's case was very unique and Mr Khanna and his staff had very clear understanding on her case and adviced me to do the right thing and finally on Feb20th 2011 her case was resolved. Without Mr Khanna and his staff I do not think my daughter would have got her green card. I highly recommend Mr Khanna's office to anyone who wants to apply for green card or any other immigration related issues.