我有硕土学位, 2006年4月律师A为我申请的PERM, 所有材料都是按EB2去做的, 4月递交I-140, PRIORITY DATE is 4/20/2006. 但是律师A在填I-140Form勾错了分类. 2007年7月我因故改为B律师递交的I-185, 一直没发现错, 我还认为是EB2. 这个星期B律师因去电话移民局跟踪我的绿长进展, 被告之是EB3. 现在无论是律师A, B都无良策. 从跟他们的交流中,我得以下选项, 紧急求助, 请高手指点.
Questions. Amending approved I-140 under wrong category? My Labor cert got approved under EB2 requirements and unfortunately I got I-140 approved under EB3 by a stupid lawyer in LA. What should be the best way to get it corrected ?
Option 1. File a fresh 140 under EB2 for the same EB2 labor certification. But, not sure if it is good because I change from company A (my PERM and I-140 petitioner) to company B after 180 days of approved I-140 (consistant to AC21). Lawyer A and B told it takes about 3 months.
Option 2. Apply another PERM (4 months) under company B and then file a new I-140 of EB2 (3 months). And then link the 2nd EB2 I-140 to my current I-485 but the 1st I-140 priority date. This is similar to the Option 1.
Option 3. Write a amending letter to admit the mistake by lawyer and request an amendment of 1st I-140 (via I-824) with all of previous PERM materials showing up EB2 witnesses. If the USCIS official is compansionate, it may issue an amend I-140 under EB2.
Option 4. Do nothing and just wait for the coming EB3 in current date (about 2 years).
Plus, My lawyer wrongly selected item e, which I think it is for EB3. The item d is for EB2. please advise how to identify the right category of I-140 below.
I-140 Form, Part 2. Petition Type.
a. An alien of extraordinary ability.
b. An outstanding professor or research.
c. A multinational executive or manager.
d. A member of the professions holding an advanced degree or an alien of exceptional ability (who is NOT seeking a National Interest Waiver).
e. A professional (at a minimum, possessing a bachelor's degree or a foreign degree equivalent to a U.S. bechelor's degree) or a skilled worker (requiring at least two years of specialized training or experience).
f. Reserved.
g. Any other worker (requiring less than two years of training or experience).
h. Soviet Scientist.
i. An alien applying for a National Interest Waiver (who IS a member of the professions holding an advanced degree or an alien of exceptional ability).
