I-140 Withdrawal

[Juh]

Hello,

Here is the situation:

H1 6 years expiring on Aug 27th 2019

PERM EB3 Approved and I-140 filed on Aug 27th 2017. Lawyers have been filling inquiry on it and the last we know is USCIS needs to look into it and needs time but has not specified time. Lawyers last week upgraded this to premium processing and USCIS rejected the application saying the PERM was not attached which lawyers claim it was. 

PERM EB2 - Approved. Currently, lawyers are proposing that they withdraw the I-140 under EB3 and once that is withdrawn in 2-3 weeks then file an I-140 under EB2 with premium processing. If this comes through by April then they will file a 3 year extension for H1. 

Question: Could you please help me understand if it would be advisable to withdraw the current I-140 or wait for it to come and file for a one year extension till I hear a verdict on it. I have not heard of anyone withdrawing in between their application. If you could please suggest, it would be greatly appreciated.

 

Thank you,

Juhi