1. LC and 140 is one to one relationship. Your EB3 140 would be revoked by USCIS once your EB2 140 is approved based on the same LC
2. Ask your attorney to send USCIS a blistering letter for their mistake. Ideally, you should get your 140 corrected. It could save you some trouble (such as 485 i/v) later, because it's not against the rule for an employer to apply EB3 140 based on EB2 LC.
3. Your PD would be the same based on your LC file date whichever you want to do.
4. Maybe it's better for you to file a 485 based on the pending EB2 140. Usually 140 is approved within a week.
2. Ask your attorney to send USCIS a blistering letter for their mistake. Ideally, you should get your 140 corrected. It could save you some trouble (such as 485 i/v) later, because it's not against the rule for an employer to apply EB3 140 based on EB2 LC.
3. Your PD would be the same based on your LC file date whichever you want to do.
4. Maybe it's better for you to file a 485 based on the pending EB2 140. Usually 140 is approved within a week.