LC filed under EB2, but I-140 filed under EB3 (by mistake)

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usrh1b

Registered Users (C)
LC filed in EB2 July'2003.
I-140 filed in EB3.
Did a follow-up to correct it after the submission in 2003, the lawyer said that it was corrected by submitting the amendment.
After the multiple mails to send the I-140 approval, just noticed that the approval was under EB3 and not EB2.
Informed to attorney, no response for long period. I need to push a lot as I had a very bad experience with the attorney just to receive the RFE.

If the amendment was made, the I-140 approval shuold be in EB2. Either the attorney not submitted the amendment or USCIS not received it. I am not sure what happened.

Is there any possibility to have the correct EB2 category for my case.

Please add your thoughts how to correct it?
 
Gurus,

Any thought on this other than contacting the attorney? Not much response from attorney....

usrh1b said:
LC filed in EB2 July'2003.
I-140 filed in EB3.

Did a follow-up to correct it after the submission in 2003, the lawyer said that it was corrected by submitting the amendment.
After the multiple mails to send the I-140 approval, just noticed that the approval was under EB3 and not EB2.
Informed to attorney, no response for long period. I need to push a lot as I had a very bad experience with the attorney just to receive the RFE.

If the amendment was made, the I-140 approval shuold be in EB2. Either the attorney not submitted the amendment or USCIS not received it. I am not sure what happened.

Is there any possibility to have the correct EB2 category for my case.

Please add your thoughts how to correct it?
Click to expand...
 
I-140 is owned by your employer (unlike 485 which is yours), so your lawyer needs to contact USCIS for any potential corrective actions. They might have to refile it since it was the lawyer's mistake, if he never sent the amendment request in time, but you might get lucky. He has to show delivery confirmation and things like that. Also double check and make sure the LC doesn't have any wording or comments that make it EB3. Good luck.
 
One of my friends did correct it successfully within 3 weeks after the Murthy attorney sent a email and mail to uscis.

he hired attorney Murthy. He has experience in this.
 
But, one thing that USCIS does mention is that with EB2 labor - one can file I-140 under EB3 or EB2 and get approval.....One has the choice of dowgrading or keeping the category....at the I-140 stage...
 
Thanks for all your advise and thoughts. I will check with my attorney next week and will keep you all udpated.
 
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