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