EB2 labor cleared for BCom + CA

[svoa]

I am B Com (Pune University) plus CA (chartedered accountant, India) and CIMA (management accountant, UK). Obviously, I have 3 years education and ACA and ACMA qualifications do make me equivalent to US Bachelor, it is "not from the same source". I have 15 years of IT experience.

My lawyers filed my GC under EB2, I 140 was approved in Nov 2007. Now if I try to do future GC in EB2, from new company, the lawyers tell me that I cannot file in EB2 as it was approved "under mistake"...since my bachelors is not from the same source of education.

Question - Is the new lawyer correct?

What happens if my PD is current? Will USICS refuse if they notice my education and question why EB2 was approved earlier? In short, I got lucky so far, but will I continue to be? what is the chance?

[longwait4gc]

IF you have already approved EB2, one would wonder why you need to file another one. Your old EB2 might not have been apporved by mistake this is becasue they look case by case.

[Belle]

Get an alternative opinion. One thing I would recommend is if you decide to file EB2, try to use the same pattern of education and experience as your approved I-140, and don't try to retain the PD right off the bet. You don't want to advertise the fact you already have an approved EB2 I-140... just yet.

[Belle]

Oh, wait... there is a place for that in the new I-140... Maybe you should put minimum info there, and home the USCIS won't dig.