Law Firm mistake - EB3 I-140

Hello everyone,

What would you do in my shoes? My I-140 has been approved but the lawyer made the mistake of selecting AOS instead of consular processing, even tho we discussed several times my OPT was ending, and I was going back home.

In summary, he presented me 3 options, but that’s only after I pressed for the information. He was not clear with anything before. Option 1. Stick with I-824. It would probably take an absurd amount of time (9 months+) to transfer current I-140 to NVC. Option 2. Apply for another I-140, with correct option selected now. Premium processing. It would cost $3200 plus legal fees (I am going to press to not pay legal fees). Option 3. Nuclear option, go back to the US with a current student visa I have to do a master and do AOS, but that is not a good option cause I would have to stop working remote. It would cost more money to do that than actually paying option 2.

Option 2 seems the best option. I just have to swallow the amount of money I have to pay. I am talking to my company to see what they think. I just unfolded this situation with my own research.

Thank you!

submitted by /u/samm_eng
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