Lawyer mistake: I-140 approved in EB3 instead of EB2 category

N

nissanaltima

New Member
Hi All,
My I-140 was mistakenly filed by the attorney in EB-3 category instead of the EB-2 category. I have an original labor that was approved for EB-2 category, and have a Masters degree from US. The mistake was done by the lawyer in checking off the wrong box in the I-140 form :mad:

Since then, the lawyer has been trying to get the I-140 corrected but to no avail. Last month the I-140 was approved in the EB-3 category.

Question -
1. What options are there for correcting the approved I-140 from EB-3 to EB-2? How would one go about correcting an approved case? MTR? Other Ideas?
OR
2. Would I have to refile another I-140? If another I-140 (EB2) is filed, does it invalidate the current approved I-140 (EB3) as I will be using the same Labor Certification?

I am from India, so having an EB-2 category (Priority date - Dec 2003) will save a couple of years in waiting time.

Please help!! Thanks in advance!
 
File New I-140 in EB2 Category

nissanaltima said:
Hi All,
Question -
1. What options are there for correcting the approved I-140 from EB-3 to EB-2? How would one go about correcting an approved case? MTR? Other Ideas?
Click to expand...
You can try to open a MTR but that will take a long time and there are no guarantees. If the mistake is not made by USCIS, then USCIS does not care.

2. Would I have to refile another I-140?
Click to expand...
It may be the best option.

If another I-140 (EB2) is filed, does it invalidate the current approved I-140 (EB3) as I will be using the same Labor Certification?
Click to expand...
No

I did have similar experience and after going through all the options available and talking to a few lawyers, I have decided to file a new I-140 using the EB-2 approved Labor.
 
I-140 Amendment

Hi Mailsunnydeol,

I have received suggestions for filing an amendment of the I-140. Did you pursue that option? How does an amendment work? Are there any special forms/ processes?

How long did you new I-140 take to process from start to finish. Any tips to accelerate that?

Thanks
 
nissanaltima said:
Hi Mailsunnydeol,

I have received suggestions for filing an amendment of the I-140. Did you pursue that option? How does an amendment work? Are there any special forms/ processes?

How long did you new I-140 take to process from start to finish. Any tips to accelerate that?

Thanks
Click to expand...
I filed a new I-140 in EB2 category last year with the old labor used for my I-140 EB3 approval. I received the approval last week and see that the priority date has been ported from my EB3 application to the EB2 application. Now I am hoping to hear something good on my I-485 as my PD is current and the Processing dates are also current.
 
Progress so far:
Aug 3: Card Production Ordered email received
Aug 6: Approval Notice Sent email received
Aug 7: Welcome Notice Received by Lawyer and courtesy copy by me
Aug 8: Received the Green Cards in mail (for me and my wife)
 
mailsunnydeol said:
I filed a new I-140 in EB2 category last year with the old labor used for my I-140 EB3 approval. I received the approval last week and see that the priority date has been ported from my EB3 application to the EB2 application. Now I am hoping to hear something good on my I-485 as my PD is current and the Processing dates are also current.
Click to expand...

Congratulations on your approval.

I am also in the same boat. My EB-3 case was filed (all the way to I-485) by my company. However, due to change in position, my attorney filed new LC under EB-2 category. My LC got approved recently. Now my attorney is filing I-140 for me.

Can you please mention what precautions I should take during this process? How should I make sure that my earlier priority date (EB3's one) is ported in new I-140 (under EB2) form?

Thanks
 
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