Filed I-140 with EB3 instead of EB2

[seemasharma]

As per the job requirements by my employer -  the has minimum requirement for this job is listed as Bachelor and Number of work experience required for this job is 60 months or master degree + 1 year exp. I have a bachelor degree and more than 8.5 y of progressive experience. As per the initial discussion it was supposed to be filed in EB2 but the attorney has filed it under EB3 category.

a) Can the attorney re-file I-140 again under EB2 category?

b) Is there a way in which it can be ported to EB2 from EB3(after approval) with same employer?

c) Would b) require more experience / extra ordinary abilities etc.?

 

Please guide.

[JoeF]

The job requirements put it in EB3.

BS+5 years or MS+1 would mean that MS equals BS+4. But under USCIS rules, MS equals BS+5 years progressive experience.