140 denied. Attorney filed I140 in eb2 instead of eb3

[utp2009]

Hi All,
My I140 is denied. Because Attorney filed I140 in eb2 instead of eb3 by mistake ( I had EB 3 labor cert. my I 485 is also denied ). I have pending H1 ext.

Should I file MTR for I140 denial ? Any body has such experience? What do you suggest?

your input is highly appreciated.

Thanks,

 

[whitemimauz3]

Refile I-140 under EB3, Denial letter might have advised how to refile or MTR/appeal. You might also have to indicate previous original ETA 750/9089 has been submitted along with incorrectly filed EB2 I-140 petition