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).
