Spelling correction in an approved I-140

[freebyte]

Hello All

I have got my I-140 approved more than a year ago from my previous employer under EB3 and the spelling of my last name is incorrect in it. I did not get it corrected since my employer told me that it can be corrected at the time of 485 filing.

Now I have changed my employer and want initiate an EB2 processing and like to use the same priority date as given in my approved EB3 I-140 (where the spelling of my last name is incorrect). I just needed to know do I need the spelling on my approved I-140 corrected. If yes, then what would be the process because my previous employer does not want to help me on this since I am no longer working for him.

Any comments/suggestions would be appreciated.

Thanks

[Support_Immi]

Hi,

Try calling up USCIS and ask them for name correction. I'm assuming, it was filed under the correct name in the i140 application and you should get a corrected approval within 30 days. Keep the tracking number provided by USCIS.

I'm not a lawyer, this is a suggestion. Pl talk to the attorney for further clarification.