Guestbook Entry for Samina, United States
Name
Samina
Country
United States
State
TX
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Guestbook Entry for John, United States
Name
John
Country
United States
State
Maryland
Comment
I had a conference call with Mr. Rajiv Khanna. My question was regarding time lines for Green Card processing. I am in my 6th year of H1-B and was planning to change my Job with 9 Months left on my Visa. I have not started my Green Card Processing yet. The call was quick and to the point. He detailed me of the options available. He didn't promise me that everything will be done but the call gave me the required confidence in my decision making. He is a [i]walking encyclopedia of immigration[/i]. Note: The call was a free call and he was there on call even before I dialed in. On the whole it was a good experience.
Working Outside USA While in GC or H-1 Process
Recording for October 05, 2023 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
Discussion Topics:
Recording for October 19, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQ‘s:
- EB-2 vs. EB-3 visa filing: Pros, cons, and priority date considerations || What is a 212(a)(6)(c)(1) refusal of visa?
Others:
EB-2 vs. EB-3 visa filing: Pros, cons, and priority date considerations
Question details
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?
FAQ Transcript
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.
We contacted Rajiv Khanna for advice. His whole team seemed very professional. He went through our resume free of charge to suggest if we had a case; provided us with his opinion in a very honest way. Just the week before, I tried to talk with a different immigration attorney over phone, and the first dialogue I received was, "I work for money...I can't talk to you for free..". In that regard, the response I received from Rajiv Khanna's office was pleasantly opposite! I'll refer him to any of my friend who seeks for an immigration attorney.