Upgrade from EB3 to EB2


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My Perm labor is approved last week and it was filed for EB2 category. Can i use this labor to file I-140 in EB3 instead of EB2 and later file I-140 in EB2 with same labor if required? My attorney said normally an upgrade from EB3 to EB2 would require new recruitment and filing a new labor certification. 

Could you please help me with above questions?

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