EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade
Q: 1. If the Priority date is current in EB-3 then my I-140 and I-485 can be filed EB3 (Lower it) but you said that after EB-3 will come then I should file I-140 in EB-2. Not sure about the whole concept, if possible can you elaborate in more detail?
2. Can I-140 be filed in EB-2 and EB-3 together? Or I-140 can be filed in EB-3 first once it gets approval in EB-3 and then need to file in EB-2 or vice versa.
3. My company attorney told me that once I downgrade to EB3 then I can't upgrade to EB2.
A: 1. You can always downgrade if you start your case in a higher category, but if you file your case in the lower category it's not possible to upgrade without refiling.
2. The answer is yes, although I like to do it separately for several reasons, most of all to avoid confusion, but now the government is well aware of these downgrades and I think you could file both of them together as two separate filings.
3. They must be saying something different as that is not true. If your PERM was filed as an EB-2 and I-140 was approved as an EB-3 you can always go back to EB-2 by filing another I-140 under EB-2. More...
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
First of all I wanted to thank you Mathew & Rajiv Khanna for their superb service during my Green Card Process. Below is the my story: I applied for Green Card at 2003 under EB3 category and my priority date was Dec 2003 via Company X when I was working for Company Y. After years of waiting I decided to ask for the possibility of applying via EB2 category for Company Y. Rajiv & Mathew has studied my case throughly and decided to go ahead with Eb2 process. Perm Labour took 2 months, I-140 took 15 days (premium processing), I-485 porting took 4 months. Totally it took almost 14months to get my Green Card under EB2.