I am an employment based EB-2 and I got my labor certificate approval notice on 8/16 late afternoon. In order to catch the concurrent filing of I-140 and 485 deadline of 8/17, I had to E-file I-140 on 8/16 mid-night all by myself without being able to consult my lawyer and my employer.
The good thing is: I got my receipt online the same date, but the bad thing is It ends up that I myself, not the employer or lawyer become the petitioner, I knew later that only NIW filers can file I-140 for themselves. I wonder if my case will be handled as an NIW case by USCIS.
I now have two options: either wait for RFE, a direct denial or to send an amended I-140 and G-28 filed by my lawyer, I may also need a cover letter to explain the changes; but my concern is that the amendment will trigger the USCIS to denial the previous filing, I will lose my previous concurrent filing priority date. Is it worth a try to send amendment or is it too much risk? Please help!!!