I have taken immigration services from Rajiv S. Khanna and his team for H1 extension and GC processing. Their service is excellent and timely. Thanks a lot Rajiv and your team for all efforts in making me Green. I will truly recommend them to my friends.
I would like to thank Rajiv for his exceptional service in my I-485 case, he fixed the porting issues which couldn't be done by my previous attorney. It's very easy to get the help from Rajiv's office and his entire team is very responsive, I would definetly recommend Rajiv's office for any immigration matters. I have recommended Rajiv's firm to many of my friends and will continue to do as I am very happy with thier service. thanks Chandra
I have a 4 year bachelor's degree from India and 7 years experience. My company has applied for GC in EB-3 and my I-140 is approved. My PD is Sep 2010.My company name is now changed and they are saying that the process has to be restarted from the perm but I can keep my same PD.I checked with the lawyers to see if I'm eligible for EB2 and they said no. My job description says bachelors' degree and 3 or 5 years of experience and hence the lawyers are saying no. Their argument is that the USCIS will deny the application indicating that the job could be done by a person with 3 yrs experience. Am I qualified for EB-2?
The annual limit in the EB-2 category for India and China has reached. This has been confirmed by the State Department. A notification sent to USCIS on April 11, 2012 states that no further visas for the above mentioned categories will be authorized. On the basis of cut-off dates published in the April and May Visa Bulletins USCIS will continue to accept adjustment applications.
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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.
Rajiv and his team has handled my case on both H1b and GC so far and they have been fantastic. A thouroughly professional team with a systematic approach towards each individual case. Nice work!