We have recently received an EB2 approval for a Physical Therapist. EB2 classification has become especially important now that EB3 category cases for severely backlogged countries are delayed so much. The good news with PT’s is that they do not have to go through the PERM process. But the bad news is that USCIS seems to question whether or not truly a Master’s degree or BS+5 years level job is being offered. The I-140 approval took 1.5 months in regular processing.
Rajiv has been of incredible help to me for the last few years. I'd applied for the 485 Adjustment of Status and it looked like I'd be stuck in the queue for years before my greencard arrived. So, as I thought about my career, I decided to go back to school for a Ph.D. However, I was told by most everyone that getting an F-1 visa to go back to school would be very difficult. Rajiv gave me excellent advice to still go ahead and apply for the F-1 -- I ended up getting it with no trouble whatsoever. As the years went by, I then ended up getting the greencard as well -- Rajiv has been really helpful in letting me know the specific requirements (in terms of the job classifications, travel etc) related to obtaining permanent residency. I have been following his advice and I have been really pleased -- he's been absolutely accurate in all of his advice and I'm certainly counting on him in times to come as well.
State Department has indicated that as of 11 April 2012 there are no more immigrant visas (green cards) available for China and India-born EB2 applicants. The numbers will be reset on 1 October 2012, the start of the new fiscal year. In the meantime, USCIS will continue to accept I-485 filings until the end of June based upon the Visa Bulletin that will be published in May. No action will be taken on these applications until October, but its is expected that EAD/AP's will be issued.
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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.
I am not just happy with the way the law firm of Atty. Rajiv took care of my case. I am more than satisfied that no adjective is deserving enough to describe the way they handled an impossible case like mine. After countless denials that I have received from my previous lawyers, I only got approvals from Atty. Rajiv. My family and I are just waiting for our greencards, which might come before the end of this year. This law firm deserves more than what they ask for their fees. And no monetary compensation could ever pay nor match the excellent job they have done for me. They saved my children's future, the primary reason why I want to be in America. Thank you very much from the bottom of my heart! :)