google "multiple 140's" and read the first pdf file you can download.
If you are perm-based EB2, then you can file another eb3, based on the the
same
PERM. Period. Your lawyer was wrong.
If I were you I would try to bring your lawyer up to speed on this topic. If
he is still not on board and still insists that you can only go with EB3,
it is OK, just go with EB3, knowing that he is a moron.
Later on you still can relink back to EB2 from EB3 if you want, even though
I see no reason why you want to do that. There is no doubt that going with
EB3
is going to be faster for you (PD OCT/2014). I would just stay at EB3.
If you wait to submit your 485 based on your NIW 140, or your current eb2
140, the PD is still OCT/2014, which means you cannot submit your 485 for
another year (at least). But doing a concurrent filing (that is. filing a
eb3-based I-140 and a 485 based on this pending Eb3 I-140 form together at
once), you can submit your 485 as early as MARCH 1ST 2018, which is just 3
days away from now!
You will be a fool to miss this opportunity.
