回复：I-140 己批, 律师选错分类 EB2 错成 EB3, 如何更改, 紧急求助!!!

Questions. Amending approved I-140 under wrong category?

-If you had not changed your job yet, this would have been the best choice and I am sure it will be easy to fix the problem.  But because you have changed you job, I am not sure whether it is doable because normally the I-140 amendment needs to be filed by the original sponsor. But try it and you never know.

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.

-You may try it, but it seems not dobale because the PERM and I-140 are not filed by the same employer.

 I would just try to file an I-140 amendment (Option 3) other than file a new I-140 though the new I-140 filing is the same pocdure as the I-140 amendment (only difference is the selection on the I-140 form). Then, just explain the reason to file the I-140 amendment in the cover letter.

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 absolutely doable and you had better do that at the same time even if you do the Option 1 or Option 3 (I-140 amendment).

This is similar to the Option 1.

-It is different from Option 1 though it seems that.

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.

-Not just write a letter, but file I-140 amendment (not via I-824, I-824 is not for I-140 amendment). See my above answer.

Option 4. Do nothing and just wait for the coming EB3 in current date (about 2 years).

所有跟帖： 

• 回复：回复：I-140 己批, 律师选错分类 EB2 错成 EB3, 如何更改, 紧急求助!!! -很累仔- ♂ (3562 bytes) () 07/02/2011 postreply 20:49:00

• 回复：回复：回复：I-140 己批, 律师选错分类 EB2 错成 EB3, 如何更改, 紧急求助!!! -863211- ♂ (2347 bytes) () 07/02/2011 postreply 21:24:34

• 回复：回复：I-140 己批, 律师选错分类 EB2 错成 EB3, 如何更改, 紧急求助!!! I-140 amendmen -很累仔- ♂ (2804 bytes) () 07/02/2011 postreply 21:35:35

• 回复：回复：回复：I-140 己批, 律师选错分类 EB2 错成 EB3, 如何更改, 紧急求助!!! I-140 amend -863211- ♂ (588 bytes) () 07/02/2011 postreply 23:05:57

• 回复：letters for suggestion I-140 己批, 律师选错分类 EB2 错成 EB3, 如何更改, 紧急求 -很累仔- ♂ (7700 bytes) () 07/03/2011 postreply 11:58:50

• 回复：回复：letters for suggestion I-140 己批, 律师选错分类 EB2 错成 EB3, 如何更改, -863211- ♂ (145 bytes) () 07/03/2011 postreply 13:15:29