Thank you 'Master 8'for answering my questions regarding the I-140 EB2 and EB3 questions yesterday.
I just checked the status this morning, the I-140 (EB3) has been approved. Now I have through Aug 26 to have my H-1B 3 year extension filed (with the I-140 approval)and then fix the EB2/EB3 problems. So got a few follow up questions. Would you please help again?
1)How long does it take to get the I-140 amended?
-Several months, same time length as processing a new I-140.
Is there premium processing for the amendment application?
-Yes, but it is not necessary at all because you can use the EB3 approved I-140 to extend your H1 now..
Is there any fees to amend the I-140?
-Yes, same as a new I-140 filing.
2) I assume to refile I-140 under EB2, we can do the premium processing as we did for the first time. Please confirm this is correct.
3)Do you think to file a new I-140 under EB2 is safer and better?
-I think so.
In case the refile was rejected, is the first approved I-140 (EB3) still good?
-Yes.
Any other risks by filing a new application?
-No. My suggestion is that contact your lawyer whether he/she has received the I-140 approval notice by email or mail, then file your H1 extension as soon as possible.
After that, file a new EB2 I-140 or I-140 amendment using the same PERM. Discuss this issue with your lawyer.
