Lawyer mistake: EB3 instead of EB2 on I140

[gabbar123]

Hi All,
My I-140 was mistakenly filed by an attorney in EB-3 category instead of the EB-2 category. I have an original labor that was approved for EB-2 category, and have a Masters degree from US. The mistake was done by the lawyer in checking off the wrong box in the I-140 form:mad:
Since then, the lawyer has been trying to get the I-140 corrected but to no avail. Last month the I-140 was approved in the EB-3 category.

Question -
1. What options are there for correcting the approved I-140 from EB-3 to EB-2? OR
2. Would I have to refile another I-140? If another I-140 (EB2) is filed, does it invalidate the current approved I-140 (EB3) as I will be using the same Labor Certification?

I am from India, so having an EB-2 category (Priority date - Dec 2003) will save a couple of years in waiting time.

Thanks in advance!

[desi485]

Hi All,
My I-140 was mistakenly filed by an attorney in EB-3 category instead of the EB-2 category. I have an original labor that was approved for EB-2 category, and have a Masters degree from US. The mistake was done by the lawyer in checking off the wrong box in the I-140 form:mad:
Since then, the lawyer has been trying to get the I-140 corrected but to no avail. Last month the I-140 was approved in the EB-3 category.

Question -
1. What options are there for correcting the approved I-140 from EB-3 to EB-2? OR
2. Would I have to refile another I-140? If another I-140 (EB2) is filed, does it invalidate the current approved I-140 (EB3) as I will be using the same Labor Certification?

I am from India, so having an EB-2 category (Priority date - Dec 2003) will save a couple of years in waiting time.

Thanks in advance!

even after approval, lawyer should be able to file an amendment. Takes about 1 - 5 months.

[feedfront]

My attorney also had done same mistake. When we received I-140, we found it was filed for EB3. We refiled I-140 with EB-2. It got approved later. You should not worry about approved I-140 (EB3) and refile for EB2.

[gcdreamer05]

My attorney also had done same mistake. When we received I-140, we found it was filed for EB3. We refiled I-140 with EB-2. It got approved later. You should not worry about approved I-140 (EB3) and refile for EB2.

Does your attornies take responsibility for the mistake those guys did and did they charge you for correcting it, what about the time lost, how can these guys be so careless with someones lives.

[kks_sundar]

even after approval, lawyer should be able to file an amendment. Takes about 1 - 5 months.

Have your attorney amend it by referencing the existing application. If you refer the original petition, usually it comes quicker than original time.

[gabbar123]

Thanks for the quick responses:
Desi485 - How is an amendment filed? Is there a special form / process?

Feedfront - Did you try to get your I-140 corrected or you simply re-filed? It took me 12 months to get my I-140 approved and I am trying to avoid such a long wait

Gcdreamer05 - I realized that my I-140 was wrongly classified in EB-3 about 4 months ago. Since then this incompetent lawyer has been unsuccessfully trying to get it corrected. And till it got approved last month, she was acting as if USCIS made the mistake and NOT HER!!! I was sick to my stomach when I found out that the mistake was of the attorney. The EB category is something so basic, yet so important, that I cannot imagine how can somebody screw this up. Its almost like giving the wrong blood type to a patient.
SOrry for venting, but as I said I have an original labor, PD 2003 with US masters ... events like these make this so frustrating