To be or not to be - EB2 or EB3 - Trying to save my aging out SON

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Dear Expert,


I need your guidance and expert advice, your valuable advice will really help me and my aging out son who is currently 18 year old.


Here is my background.


Work for big organization which has multiple legal vehicles (they treat as a separate business and company within the organization)


Business A


PERM and I-140 approved in EB3 category, PD Nov 2011

Job code – DBA

I-140 took 8 days for the approval

Business  B (Currently I working with B)

PERM and I-140 approved in EB2 category, PD Nov 2011 (Date has been ported)

Job code – DBA, added few additional duties.

I-140 took 7 months for the approval (can be use CSPA if necessary)

My EB3 filling date is current and corporate attorney is asking me to use either EB2 or EB3, since its big organization absolutely no exception. So if I go with EB3 then I will stuck with EB3 line, going forward if EB2 become current they will not do anything. I am little bit worried on my son situation. He still has 3 more years but you know time fly ….


Have are few questions –


1)      If I am going with EB3 I-485 filling , before filling the I-485 , Do we have to transfer my H1-B to legal vehicle –A ? This is what my attorney is saying but I do not agree with him as Green card process is future employment and I can continue working with legal vehicle B until I get the green card or get EAD.


2)      Do you think EB3 is the best option to move forward? Looking at son aging out issue? Assuming downgrade or horizontal spillover or vertical spillover to EB1-EB2 and EB3 ?


3)      Even if EB2 final action date become current in next 3 years and EB3 did not moved, technically what options I will have?


4)      If I go with EB3- I-485 now and later EB-2 become current and company is not willing to use EB2 option, can I move out of company and join another company? Assuming I am still using H-1B and not using EAD (of course new company will have to do the PERM and I-140), will they able to file another I-485? What will be my options, amendment?  Possible?


I have to take the decision in the next couple of days, Please suggest.

Thanks a lot for your time and feedback




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