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

Thanks, Mr. 8, some lawyers' assistants don't even know the right choice of I-140 type. I am on my EAD and AP now. I am concerned about the risk and not sure if it is real while doing amendment risk, such as below from the Internet. How do you think about this.

LC Filed on 7/18/02 (EB3)
LC Approved on 4/7/06
Place of Birth : Dubai, Nationality (INDIAN)
EB3 under WorldWide quota is having it's PD 5/01
Lawyer recommends waiting a month to see any improvement in dates before filing I-140.
Else, wants to convert me from EB3 to EB2 and do concurrent filing as EB2 is current in WorldWide quota.

My question is - Are there any risks in doing EB3 to EB2 ? What happens to my PD of 4/7/06 if I-140 is filed under EB2. I do have the necessary experience and can provide 5 yrs experience letters. 

Please advise if I should try that route or be safe with filing I-140 now and waiting until dates become current before filing I-485.

I'm new to this and will appreciate your response

Thanks

If you try that way, DO NOT USE YOUR EAD (if you plan to apply one). By the time you use the EAD, H1B will be invalid. By the time, you receive RFE and convert to EB3. Your I485 is invalid and also your EAD -> you will become illegal.

http://forums.immigration.com/showthread.php?211332-EB3-to-EB2-risks