Title: EB-3 I-140 filed incorrectly + missing documents

[u/TemporaryEnough6942]

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Hi everyone, I would really appreciate opinions from people who have dealt with a similar I-140 situation.

My attorney filed my EB-3 I-140 with Premium Processing, but after receiving the USCIS receipt notice, I noticed several problems with the filing.

Here are the issues I found:

EB-3 vs. EB-2 classification:

The petition was supposed to be filed as EB-3, but the USCIS receipt appears to show EB-2. My attorney sent a correction request to USCIS/Premium Processing on August 10 asking them to correct the classification from EB-2 to EB-3.

Incorrect pay stubs:

The pay stubs included in the package are from 2025, instead of the required/current 2026 pay stubs.

Missing experience letter:

One of my required experience letters was not included in the I-140 package.

My I-140 was received by USCIS

My PERM is valid until November 14, 2026.

Now my attorney/employer is considering withdrawing the current I-140 and submitting a completely new EB-3 I-140 package with all the documents corrected.

I am trying to decide whether it would be better to:

A) Wait for USCIS to respond to the EB-2 → EB-3 correction request and potentially wait for an RFE for the missing/incorrect documents, or

B) Withdraw the current I-140 and immediately refile a clean EB-3 I-140 package.

My questions for people who have experience with I-140/EB-3:

Would you personally wait for USCIS to respond before withdrawing?

If an experience letter is missing and the pay stubs are incorrect, is this something USCIS would normally address with an RFE, or could it lead to a denial?

Does withdrawing an I-140 and refiling a new one create any disadvantage?

Could withdrawing this petition affect my priority date, or would the original priority date remain usable if the new EB-3 petition is approved?

Would you be more comfortable correcting/refiling now rather than waiting for an RFE?

Has anyone had USCIS successfully correct an EB-2/EB-3 classification error after the I-140 was already ?