Hello,my name is Judith. Thank you for this opportunity to answer your questions.
I am a different expert.
I have a different answer.
The Neufeld Memorandum instructs adjudicators to extend the I-129 for 3 years if there is an approved I-140 and the LCA is approved for 3 years. It is not discretionary. It is direct policy instruction.
There are a few ways to have the approval period corrected by USCIS.
The lawyer can contact a 2nd tier supervisor through the 800 Customer Service # and bring the error to the attention of the Service and ask for a correction. He will get a case number. If they do not make the correction within 30 days the lawyer can use the AILA (American Immigration
Lawyer's Association) Service Center Liaison and ask for them to take it up with the USCIS contact for correction. This will cost you nothing, it is part of what AILA members pay for in their dues.
Your lawyer can send a letter to the Service Center Director and request a correction, and this will also generate a case number..
The other option is to use the I-290B but your lawyer will ask for a refund of the I-290B filing fee because it was USCIS error. USCIS will refund the filing fee and it will not cost you in the long run.
I am sure your lawyer is an AILA member and that is the better option of all since it is a direct line to the product line manager to have problems fixed.