Concorrent EB2 and exceptional ability

[scid]

Hi,

I am a foreign grad MD with no intention to do residency in the US due to personal reasons. I have done a great deal of research (both clinical and lab) here and I have a very good offer to join a university hospital as a research director. They are desperately in need of my service and are basically willing to do whatever they can to get me on board ASAP. BTW I am currently on F1 doing some graduate study.
So, last year, attorney #1 filed a perm case on my behalf and it got approved within a few weeks. Our initial joy was soon replaced by sorrow to find out that they filed my case under EB3 (bachelor’s required job instead of my MD degree) and it was retrogressed back to 2001.
Down and depressed, I sought advice form attorney #2 who told me that with my sponsor strong support and my good CV, I had 2 options: Refile a perm this time under EB2 or file as a researcher with extraordinary ability. He recommended 2nd option and so we filed that case. In my sponsor’s support letter, they mentioned that they are offering me a director's position.
A few days after, I got a call form attorney #1 who told me that they are willing to refile my perm under EB2 with no fee.
I basically want to have both cases to have a better chance of getting somewhere. This case will probably be filed for a scientist requiring a min of MD since that was the closest match we found in labor’s department occupational database. Is it alright to have 2 cases like this (a research director and a medical scientists) for the same job offer? The responsibilities are the same and the research director IS USUALLY a medical scientist nevertheless.
I prefer not to discuss this with my lawyers since I don’t want them to (possibly) put less effort in my cases knowing that I have another ongoing case too…

Thanks,

SCID

 

[posmd]

There is nothing per se wrong with 2 petitions, however the question that USCIS may pose to you and which you or your lawyer(s) should be prepared to answer is why 2 petitions for the same job offer. They may send a letter for clarification.

However since these petitions, both EB2 are through different alternative routes, it should be OK.

A similar analogy which happens all the time is one where a physician clinician files both a labour certification based petition as well as a physician NIW based one even though he will likely use just one for the same job.
With your qualifications and employer support and research experience would you not qualify dor Eb1?
Currently EB2 also is quite badly retrogressed for some countries and the same might happen for Eb2 rest of the world. Eb1 however appears somewhat more likely to stay in a fairly sane time frame.

Unfortunately there appears no way to distinguish between the different categories of Eb2 and with the influx of computer professionals etc from the Eb3 crowd into Eb2, There is a spill over and those of us with NIW Eb2 may get caught with this crowd. Right now many EB3 computer professionals with willing employers are converting their applications to Eb2 after they reach 140 approved stage as they can retain their old priority date on a new Eb2 petiton and as the PERM and 140 petitions are fairly quick nowadays.
USCIS has unfortunately clubbed NIW and LC based EB2 petitions together.