@Lily Pad They'll just notify uscis that you're under other category. were your I-140 filed under eb 3 OW or I-485? If I-140 filed under other worker I'd suggest you to insist on filing new I-140 and I-485.

@Lily Pad this a big mess they may need to file a new I-140 and I-485 and ask to Port the PD from the OW I-140 which would still ensure your current in January. The issue would be to get the new I-140 approved quickly but your sponsor would need to ensure that their PWD is still active if not your looking at 6-9months to get a new PWD to file the I-140. This is such a mess but possible to be corrected.

@Lily Pad how were they able to get that I-140 under OW approved given that RN don't need to do a perm ?

@ EB3-3 Unskilled(Other Worker) I've read of this happening but never thought I would be in the situation. A coworker of mine who filed December 2022 got hers earlier this year and she moved back to South Korea, imagine that. I'm sure many other coworkers got theirs irrespective of retrogression. My PD is Feb 2022. Not sure how someone who filed Dec 2022 got theirs before me. I told myself it's South Korean nationality trumps Jamaican nationality. OW is September 2020, at this rate will never get it and be stuck at my current hospital, which I'm sure is what they wanted.

@ N F The I-140 was filed under OW. the lawyer indicated that the I-485J will and I quote "submitting the interfile request will alert USCIS to resume processing on your application, bypassing the longer wait time in the other workers preference category." According to them when they do this filing immigration should resume processing and bypass the OW longer time wait.

@ hello mark all I know is I filled the I-140 out and paid premium processing.

@hello mark "while your I-140 approval notice indicates a Schedule A PERM filing, the section listed is “Other Workers”." that's what they said.

@Lily Pad you can definitely file new I-140 and I-485 and get your gc faster. as it's lawyer's mistake make them pay for everything. even though they don't agree to cover expenses I believe it's worth to pay and get gc in 6-12 months then waiting for 3-5 years.

@EB3-3 Unskilled (Other Worker) try to convince your employer to file new PERM under eb3 skilled and port your PD. this is one suggestion I could think of. if your company already has pwd filed for someone they can use this PWD and just submit PERM. in a year you'll get certified PERM and I'm sure you'll be current under eb3 skilled.c

@N F her lawyer mess up and USCIS oversight. she is a RN they don't need to do a perm they are scheduled A workers they skip that step and goes straight to filing the I-140 hence why I was wondering how the USCIS officer approved her I-140 under over worker without a perm. I guess that they will ask for the I-140 to be amended or just file a new I-140 under premium and port her PD. it's can be corrected before January but are the willing to pay for their mistake.

im so sorry about this but it is really a mess. You might have to refile your i-140 or ammend that current one

@JA, the lawyer reached out again after I messaged her with tons of questions based on what everyone is saying. She now says she has to file a new I140 with premium processing and then file a supplemental J form. What a nightmare. Not even sure what having a new PD will do to me.

@hello mark It seems they are going to file a new I140 premium processing. Do you think I can ask them for my original 2500 back as they messes up my initial I140? I don't think it's fair that I paid for incompetence.

@hello mark you can but I don't think they would give it back to you. unless they would be give you it back to file that new I-140 premium processing with a completely new lawyer. which is not your decision given that the I-140 belongs to them. so unless you and your employer agree to collect back your fees and find a new attorney to file the I-140 in premium processing not sure if they would reimburse you .

@hello mark had a meeting with the attorney this morning. She said as it's their fault they will stand the cost for the new premium processing of the I-140. She ends to refile by end of next week to get the ball rolling for when we become current. She said once it's approved she will try to get the PD ported with the Supplemental J. Let's see how this goes.

@Lily Pad someone else in this group maybe able to say but I think it's best she try to get the date ported before it's approved by submitting the new I-140 along with a copy of the old approved I-140 asking for the date to be ported to the new petition.so once you get the new approval the old date will immediately be reflected on it rather than doing it the other way around which may take longer to port it after it's approved.

@ hello Mark, they filed the new I140 premium processing and it was received 12/29/23. Now I just got a notification that a request for additional evidence was sent. What do they usually need for an I140? I'm assuming this request will go to the firm and not me?