Noid eb3 i140 . Chances of approval

Today i received noid for i140 filed under eb3 professional . Uscis has mentioned reason as kellogs language (which is actually mandate for perm application) . I am talking to my attorney on this. Any further inputs is really appreciated. My few questions:

  1. If we want to refile as skilled worker instead of professional do i have to go thru entire perm process.
  2. How soon can i refile i140 if this case is rejected

Can you share copy of the NOID by removing personal info ?

I dont have it with me . Attorney just mentioned about the kellog language used in perm is being used against this case . Which is against their own policies.
Can you please reply to the questions asked

Hi,
Since I’m in the same boat now, wanted to check what was the out come after providing the NOID response to USCIS. Also, who was your attorney ?

Thanks,
Praveen