Can I go for Concurrent Filing?

[Nnada]

Hello,

I have approved labor and I 140 from my previous company with PD of Jan 2008 in EB2

My company got acquired and new company started GC process and got PD of June 2011 in EB2

Recently new company filed for I 140 in Oct 2011 in regular processing and waiting for approval

( PD on 140 receipt is June 2011 and not Jan 2008. I think PD gets ported only on approval)

Can I go for AOS next month or do I need to wait for I 140 approval from new company. (My lawyer says we need to wait for 140 approval and let USCIS port PD before AOS )

From what I read in this forum, I should be eligible for concurrent filing. Please advise

Thanks,

kumar