Correct I-140 mistake

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xh310

New Member
In June 2004 I had my I-140 and I-485 filed concurrently. My I-140 was employer based and it was approved on October 2004. One month ago, I realized that my attorney misclassified my case into EB3 when he filed my I-140 application. Based on DOS Visa Bulletin, I may wait about 2 years to get a visa number. As my approved LC shows that I used master degree to apply for the LC, I should seek EB2 not EB3. I contacted my attorney and he recognized the mistake and filed an I-140 to amend the approved I-140. Could someone tell me (1) is it possible to change EB3 to EB2 for an approved I-140? (2) As my attorney has filed another I-140 to amend the approved I-140, if I switch job before getting my refiled I-140 approved and my current employer withdraws I-140 application, can CIS revoke my I-140, including the one that was approved or just deny my refiled one but keep the approved I-140 valid? (3) After my refiled I-140 being approved, do I need to wait another 180 days before switching jobs or I can switch jobs any time because my I-485, which was concurrently filed with the approved I-140, has been pending over 180 days? Any info is highly appreciated!

Thanks
 
I'm in exactly the same situation as you. here's my understanding. I may be wrong.

first of all, your attorney must have filed a fresh new I-140. NOT to amend the approved I-140. It cannot be amended. it cannot be changed from eb3 to eb2. attorneys often do this deliberately because they have to put less effort for eb3.

the two I140s are independent. You can switch jobs now using the first I-140 and I485 if it's been over 180 days. They cannot hurt you by withdrawing it after 180 days. The employer loses control.
They can withdraw the second I-140, but since you did not file a second I485 with it, it's pretty useless anyway. you have to wait for the second I-140 to be approved but still can't file 485 because your PD is not current. and USCIS is taking more than a year to process EB2 I140s anyway.

so the second I-140 is useless now. you can keep the first one and wait for 485 approval in EB3, maybe even switch jobs. that's what I'm doing. This is what I know so far. I may be wrong. You should ask UN too.
 
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