Concurrent Filing in Aug 2007. Mistakenly EB3, instead of EB2

[LostForElevenYears]

Hi Belle/experts,

I really need some advice here.

PD EB2: Aug 12, 2006

485 Filed: Aug 2007

When we applied concurrent filing for that short window that opened in 07, We just found out that our corporate attorneys submitted me under EB3. (mistake on their part, as the 140 also was approved as EB3). Later they corrected it as early as last year to EB2, and sent a copy to my file to update it to EB2.

They called the USCIS number last March and they were told that it still showed EB3, and that they were putting in notes to fix it.

Come October this year, I have them call USCIS again, since my GC hadnt come in, even though my priority dates are current, and we find out that they still show me as EB3.

What are the options for me considering I left the country in Aug, without an AP, and had to come in using a new H1B:

Is withdrawing my 485 and filing a new one with the EB2 I-140 the way to go?

My attorneys think that we should leave the old one as is, even though when I was getting into the country, I was told by the Immig officers, that my 485 is in jeopardy.