Re-filing I-140 - does denial revoke OLD eb3 i-140

[rajmehta]

I am planning to RE-FILE i-140 in eb2 category based on approved labor (jan 2007) which earlier was used to file I-140 in EB3 category with i-140 approved in 2007.

Question : Say if new I-140 in EB2 gets denied due to any reason - would still old I-140 (EB3) be valid ?

Thanks

Raj

[Belle]

I-140 should be filed within 180 days of labor approval. Not sure what you are trying to do is possible. If it is not, I would assume you are trying to void your old I-140, so it will be void. You may have to refile again.

[rajmehta]

Belle,

Thank you for response.

In 2007 Jan I got my labor application approved for EB2 according to my lawyer.

In 2007 April I140 was filed, with MISTAKE of selecting EB3 category instead of EB2 and I140 got approved in EB3 category.

In 2011 (last week) I came to know about this mistake, and suggestions were to FILE NEW I-140 USING same labor which was used to file first I-140.

Question is is this possible to file 2nd I-140 using same labor (BTW I am with same company and job duties are same)?

Thanks again,

Raj