Our current immigration attorney left the business in the middle of our Green Card process. We had a no obligation free conference call with Mr. Rajiv S. Khanna and his highly qualified staff. They explain the rest of the process and how to move forward. Now we are very much comfortable that we are in good hands. Their pricing is published in their website and it is not too expensive.
Sam R
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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.
Heather initiated my PERM process and handled it so professionally that it felt like in Immigration University.She explained each and every step of the process throughly enough to leave discussion without any doubts what so ever.My case had some special bumps on the way to I-140,which needless to mentioned was again handled with top most priority. Mark took over the last step of filling 485 and cleared with flying colors.I have GC approved in 4 months time from submission to Card in hand after dates became current. It is worth to mention about availability of Mr Khanna on coneference calls,as and when needed without any delay when certain key decisions were needed throughout the journey of 5 years. Honestly..I had many mis-conceptions about attorneys and associates about lack of professionalism and transparency.Thanks Rajiv,Heather and Mark for proving me wrong. Mr Rajiv,Your office reputation is in good hands. Highly recommended !!