EB3 to EB2 Upgrade


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My 485 was filed originally in 2007 in EB3 category and in late 2016 we filed for another 140 in EB2 category and did interfiling request in Jan 2017.  So i was under impression that EB3 to EB2 upgrade is done for my application.

However, I spoke to USCIS recently and they told me my 485 shows i am in e37 category. Hence, I spoke to my attorney, the attorneys told not to worry, all the data everything is indicating mine is EB2. I got a RFE recently and my wife got her EAD recently (her 485 was filed only last year, we were not married in 2007). Also, the attorneys told when they submit my RFE they will make a note that the case has to be processed as EB2. 

thoughts on how i should proceed?  Povenccion, Joef?

my PD april 2007 
EB2 done late 2016 
Interfiling done early 2017

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If EB-2 I140 application is filed using the same A number as of on the EB3 I140 approval notice, then it should get considered automatically under EB-2 category. Is your EB2 I140 application approved and have you filed for I485 application yet?  If not once you file I485, you can call customer service and get to level 2 officer who can tell you if your case will be processed under EB3 or EB2 (most likely it will be later).

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