EB error on I140 - put in wrong category

[gcrayudu]

I am having a proiblem with the I140 approval and I485 visa requested in wrong category. My Labor Certification is filed in EB3( BS with 2 plus years of experience). The company does not want to take risk hence filed in EB3 category.
After the labor certification is approved I filed my I140 in EB2 with the appropriate documentation qualifying for the upgraded/change position with additional skills and my I140 got approved in EB2 and the approval has 203 (b) 2.
After filing I485, interview is scheduled and the officer satisfied that the documents are sufficient and I am approveable the Immigration Officer requested visa number and came back saying no visa number is available hence we need to wait. At the time of interview(Ocotber 2005) both EB3 and EB2 are retrogressed. The officer did not give any sort of documents hence did not know anything such what category he requested what code did he use.
In July 27th the Immigration Officer mentioned that the previous officer requested the visa number in EB3(E37). I spoke with an attorney who said that it is possible to change and hence taken the steps to correct the error/mistake of wrong EB Category.Because of this wrong category I did not get visa number.
What are my chances that the USCIS goes back and corrects the error and put back in EB2 and request number in E21 or E26.I already sent the letters of my I140 approval, receipt of I140. What process should I take apart from reaching out CIS Ombudsman, Congresswoman,Senator,self letter addressing to the USCIS about the error and the potential long waiting periods for no fault of mine.
Any suggestions?

 

[Dallas03096]

GCrayudu, your case seems to be very unique. I am hearing for the first time that EB3 labor can be upgraded to EB2 during I-140! May be all IOs are not aware of this! Writing to USCIS, reporting case problem to CIS Ombudsman, following up thro Congressman and raising a Service Request are all required to set this one right!

 

[gcrayudu]

Just like yours I am a super rollercoaster ever created

GCrayudu, your case seems to be very unique. I am hearing for the first time that EB3 labor can be upgraded to EB2 during I-140! May be all IOs are not aware of this! Writing to USCIS, reporting case problem to CIS Ombudsman, following up thro Congressman and raising a Service Request are all required to set this one right!

What more can I tell? Mine is Super rollercoaster than yours

To clarify your doubt, Yes it is 100% possible to upgrade from EB3 to EB2 and it is left to the USCIS whether to approve I140 filed in EB2 or not. They can come back and say that it does not fit into EB2 classification and say file it back in EB3. I am lucky that I got approved so I have my I140 approval in EB2 with code 203 (b) 2 Member of Advanced degree with Exceptional Ability.

In between I got my 2nd EAD approval today.

Mine is in local office and hence lots of difficulties. My wife got visa number and they requsted Visa number in EB3 (E37/E39). From E39 pool my wife got visa number and I have to wait for visa number.If they had requested in E21/E26 I would have been got visa number and hence the approval.