Priority date porting from EB3

[skaturi]

Hi,

1.I have an approved EB3 labor and I-140 with priority date Aug-02-2006 with company A. It was actually applied under EB2, but EB2 I-140 was denied and then later it was converted as EB3. During August 2007 we also applied I485 ( because date are current), However it got rejected because of denied I-140.

After converting the labor from EB2 to EB3 , EB3 140 was approved. the summary is EB3 labor and I-140 with priority date Aug-02-2006.

2. Same company A was applied another new labor under EB3 (when the earlier EB 2- I 140 got rejected), for that labor and EB3 I 140 got approved with priority date Apr-28-2008.

So now I got 2 approved EB3 labors and I-140s with priority dates Aug-02-2006 and Apr-28-2008 with the same company A.

Now company B applied an EB2 labor for me for future employment ( I am still working with company A) and it is approved with Nov-29-2011 priority date. we are planning to Port EBE3 priority date to EB2 and apply I140.

per the current visa bulletin (January 2011) the EB2 priority date for India is Jan-01-2009. So I am planning to file I140 & 485 concurrently.

I can use either of those dates, since both of them are current. could you please suggest which one should be better.

Aug-02-2006 issue is - It was originally applied under EB2 and EB2 I -140 got denied . late it was converted as EB3 and EB3 I140 also approved. If we request porting this date are they look into all this denied history and dig more into it . ( Earlier I 140 was denied because i got Bachelors with 4 years full and 3 years part time experience)

Apr-28-2008.. got no issues ..it was a straight EB3 and 140 also approved without any issues. The only concern is speculation of EB2 priority date retrogression in future months.

Please advice which priority date I can use.

Thank you all for your support.