我有碩土學位, 2006年4月律師A為我申請的PERM, 所有材料都是按EB2去做的, 4月遞交I-140, PRIORITY DATE is 4/20/2006. 但是律師A在填I-140Form勾錯了分類. 2007年7月我因故改為B律師遞交的I-185, 一直沒發現錯, 我還認為是EB2. 這個星期B律師因去電話移民局跟蹤我的綠長進展, 被告之是EB3. 現在無論是律師A, B都無良策. 從跟他們的交流中,我得以下選項, 緊急求助, 請高手指點.
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).
