RFE on I-140 in EB1 , need advice on filing I-140 in EB2

[osr2015]

 Hello ,
 
  I have a peculiar situation for which I need your advice .Here  are my case details
 

My company has file I-140 in the EB1 category with the priority date  in 03/2015
During 04/2015 ,the labor department approved my PERM which was pending with them since 12/2012
Because my company filed I-140 in the EB1 category we did not file another I 140 (based on my PERM approval) in the EB2 category
Here is the twist , USCIS has issued an RFE on my I140 (EB1) asking for detailed job responsibilities and Org charts and I have time till 10/15/2015 to respond to the RFE .
Since the PERM has a 180 day validity I have an opportunity to file another I140 in EB2 category before 9/21/2015 .

My lawyer is suggesting to file another I140 in EB2 category just to be on the "safe" side in case  my 140 in the EB1 category gets denied .

I would need you suggestions for the following

Will it impact my 140 in EB1 if I file another 140 in EB2 category ?
Can I go ahead with filing 140 in EB2 as a backup scenario incase my EB1 is denied ?

Any suggestion in this regard would be helpful .

Thanks in advance

osr

[jairichi]

Yes, that is possible. No issue.

[JoeF]

So, the EB1 case is fraudulent? Why don't you just concentrate on answering the RFE?

[osr2015]

Hi JoeF , 

 

The EB1 case is not fraudulent ,I just feel like I might miss the chance of EB2 , in the worst  case scenario of  my EB1 140 getting denied for some reason .

[rahul412]

So you can't respond to the RFE?? If yes then why second GC application?

[osr2015]

No I am in the process of responding to the RFE I have time till 10/5 to respond to RFE, but the problem is my PERM 180 days is expiring on 9/21 , and if I have to file in EB2 I can do it before 9/21 . 

 

If I wait till the decision on my RFE , the PERM would have expired :-(