I really appreciate Mr. Rajiv Khanna's excellent clarfication about EB3-EB2 Porting and all possible options on this case. Unless I get those relvant information, it was too difficult for me to take decision on this matter. Whenever I faced issue and asked for help, Rajivji and Prernaji always try to clarify either through email or conference call, which is very rare in today's market and I believe this is one of the reason I would recommend Rajiv Khanna's law firm for any immigration related issue. Thanks and best regards!
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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.
It was a long and painful journey of seven years. But, at the end I finally got my GC. Through out this procedure the only positive thing was the help and support I received from Mr. khanna's office. I first applied EB-3 in 2006. Got my EAD through EB-3 application. Then reapplied for EB-2 in 2012 and got my GC in August, 2013. Through out the process Mr. Khanna and his staff was so helpful and thorogh that it made my journey lot easier. I would specially like to mention Suman, Mathew, Seema and Bharathi for all their help extended to me. I can not experess enough thanks to them. I would recommend Law offices of Rajiv Khanna for anybody whoever need any help on immigration issue. They are simply the best immigration attorney in this country!