Labor approval on EB2 and I-140 on EB3

rtimalsi

New Member
Dear all,,

Labor was filed with MS +1 years of experience and approved on November 2014. My lawyer filed I-140 on EB3 which was approved on February 2015. Now he has filed my I-485 along with EAD and AP with approved I-140 (EB3). He mistakenly filed I-140 on EB3 instead of concurrently filing I-140 and I-485 on EB2. I asked him if this would cause problem/RFE, he said that I-140 can be filed as either one and he had filed two I-140 many times before from same labor approval. I have a fingerprinting next week.

I am very worried thinking that I may get RFE because of that EB3 I-140, but my lawyer keep saying there is no such EB2 or EB3 on labor and one can have two I-140 approved from the same labor approval.

Can somebody provide second thoughts? Also, if I get RFE because of that I-140, can we file another I-140 (EB2) with the same labor?

Thanks in advance.

Best Regards,
 
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