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All other Green Card Issues I-140/I-485, Family Based Green Card

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Old 04-20-2007, 07:40 PM
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Join Date: May 2006
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Default Re-File I140 using same LC

I got my labor approved in Jan (EB2 - RIR) , I say EB2 because because all the documentation was done supporting EB2 (BS + 5 years). My job requires that and I meet the criteria.

However, when Applying my I140 , the lawyer screwed up and filed under EB3 and got approved.


I very much want to go for EB2. Is it possible to file I140 again under EB2 with the same LC? If I want to re-file, do I have to or do they (USICS) cancel my previous I140 approval ?

Is filing another LC under PERM and I140 safer route than using the current LC ?

What is the best course of action ?

I know there is a clear advantage today in being in EB2 over EB3 (PD wise) and it looks like most people are converting from EB3 to EB2. I am not sure whether there will be any advantage of being in EB2 over EB3 by the time my PD (oct 04) becomes current.

Any input is appreciated. Thanks in advance guys.
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