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wrong category in I140 petition

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  • wrong category in I140 petition

    Hello,

    My current employer filed my I140 under EB3 category by mistake. When PERM was filed, the requirement for the job shown was bachelors degree plus atleast 3 years experience instead of showing bachelor's degree plus 5 years experience. Due to this my I140 got filed under EB3 as EB3 requires a bachelor degree but EB2 requires bachelor degree plus 5 years experience.

    My question is whether my current employer should wait to get EB3 approved and then get H1B visa extended for 3 years and then can restart GC process again right from Prevailing Wage Request and then PERM so that my case can be filed under EB2?

    I think my employer should not amend my current I140 with EB2 category as this may get rejected.

    is this correct understanding or there is another better option ?

    many thanks,

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