I-140 filed in wrong category

I

ikkarajarani

New Member
I-140/485 was filed in August 2004. I-140 got approved; FP was done 3 months ago.
But, today I learned from my attorney that they filed my I-140 in EB-3 where as I qualified for EB-2 category. And now they are saying that we have to file I-140 once again in EB-2.

Has anyone heard anything similar to this?

Is it wise to file a new petition? Or should I continue with the old case and wait for some more time.

Suggestions please.
 
what's your priority date? The Oct visa bulletin will be available mid Sept. If at that time your priorty date is current you should have nothing to worry about.

I'd discuss it with your attorney once the bulletin is published. It could take a few months (not to mention attorney fees) to refile the I140/485 and get approval for EB2
 
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