can I file for EB3 instead of EB2

[tanenbaum]

had gotten LC from CSC
Since EB3 is faster - is there any way to file for this category instead of EB2
My lawyer says that since the position was advertised for EB2, I cannot file in any other category.
Is there any other way?
Thanks

 

[Rfellow]

No Title

I would think the labor petition might have been filed under one of the categories and you cannot change that. YOu got to stick to the labor petition.