Changing EB3 to EB2 category

[Amaan]

Hello Immigration Pandits,

Urgent, Urgent, Urgent …. I am in a little awkward situation. I need you help!

My green card was supposed to be filed under EB2 category. But, my lawyer made the mistake and filed it under RIR/EB-3 category. I was eligible to get my green card filed under EB2 category and initially my lawyer told me that it would be under EB2 category. My labor got cleared two weeks ago and he has filed my I-140 just last week. I came to know about the filing category today.
I am totally lost now. I don’t know what to do? He was saying that there is no difference between filing under EB2 / EB3 category except that the Processing Date of EB2 is current and of EB3 is 01/01/99. He was also saying that in 3-4 months (by the time my I-140 is going to be cleared), the EB3 processing date will be CURRENT for sure.
I asked him about transferring it to EB2 from EB3, because that was his fault. He said that he has to start the process from start and by the time I will get my labor cleared again, date for I485 will be current.
I am not still convinced by him as there is no guarantee that the processing date for RIR/EB3 is going to be current by coming October. I don’t know how can a reputed lawyer can do such a mistake which is related with one’s future.
I haven’t talked to my HR manager about this.

My questions are –
- Is it possible to get my GC transferred from EB3 to EB2 category without getting the to apply from it from start (I-140 onwards without repeating the labor certification again)
- If yes, what should I talk to my lawyer about ?
- Is this true that EB2 and EB3 has no processing time difference, one doesn’t get processed faster than another

Any help in this matter is appreciated

Thanks,
Amaan

 

[my quest]

No Title

You can process two cases (EB2 and EB3) simultaneously upto I-140 stage. If your labor was filed has EB3 (which I am not sure, because EB2/EB3 matter only during I-140) or you can\'t fix the current application, then you should seriously consider refiling another Labor/I-140 with EB2 category (without discontinuing the current application).

At the time of filing your 485, you can decide which application you want to consider.

Worst case scenario, you will loose the time taken to approve your new labor.

Regarding EB2/EB3, if I were you, I will choose EB2. Because, last time when they moved the EB3 date back, it stuck there for months. While EB2 is traditionally current after you finish your I-140.

Regarding lawyers, it is generally the para-legal who do the paper work and they are heavily over-loaded. It is always advisable to review all the filing documents personally (at least whatever the lawyer sends to you for signature).

Hope this is helpful to you

Best of luck.