I140 porting . Please help. Important!!

[itzsathya]

I have a Eb3 case with Approved 140 and pending 485 filed in july 2007 from Employer A.

Recently my EB2 case got approved from Employer B. My lawyer is going to file I-140 on premium.

Is it better to mention the previous I-140 details for Priority date porting now? or should we wait till the I-140 gets approved and then request for PD porting by sending a letter?.

My attorney is suggesting to wait for the approval and then request for PD porting by sending both I-140s as if the I-140 gets denied my prev I-140 would be in trouble?. Can anybody advice?.

[Attorney_15]

The current I-140 form asks for details regarding all other I-140 petitions filed for the beneficiary. One will likely also have an easier time getting a priority date transferred if the request is specifically made in the I-140 filing.

[itzsathya]

thanks for your reply. In case if i provide the previous I-140 details and if my current I-140 gets rejected , will it affect my existing I-140?.

- thanks

Sathish

[itzsathya]

Could you please help me with the above question?

[wabis]

Your existing EB3 140 remains valid. You can still enjoy and waiting PD to be current under EB3 category with your pending 485. Its just EB2 140 petition denied , in essence you are still entitled for AOS.