I-140 Approved with a different PD

[loneuser]

Hi,

I had a I-140 filed through my old employer. The PD for that was 11/02/2007. I left the company before the PD was approved. I could not continue the I-140 due to lack of support from the attorney. After I left the company, the attorney received an RFE and did not respond to it. Sometime in 2008 the I-140 was denied (as I see the status in the USCIS website).

When my new employer started a new GC process, I got the PD for 2 Apr 2011 (date Labor was filed). They attorney for the new employer confirmed that the old PD cannot be ported as the I-140 was not approved.

However, when I received the approval for I-140 based on the new Labor, strangely, the PD mentioned on the approved I-140 is 11/02/2007 (exactly what my PD was for the old employer labor).

Now, the attorney for the new employer says, that is definitely a mistake by USCIS and suggesting to wait for the PD to become current as per the new date (2 Apr 2011). The attorney is reluctant to go back to USCIS to confirm if that is a mistake or deliberate (though no law supports that). Also, he suggests that after filing the I485 USCIS may realize the mistake and deny the petition.

In addition, after asking for options, the attorney has suggested that we can go ahead and file I-485 based on the PD mentioned on approved I-140. If the case gets denied, we will loose all the money (legal fees + filing fees) and then we can file for I485 when the new date becomes current.

Though, I am willing to take the chance, I thought of checking here, if anyone else has seen a case like this? or if I can get any tips on what is a good thing to do.

I appreciate any help on this.