I-140: Attorney's or Experts Support/ Advice needed


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Here is my current situation.


I have a EB3 140 approved/ 485 Pending from my previous Employer with Aug 2003 Priority Date. Last Jan I filed a new EB2 Perm through my New/ Current Employer and it got approved few weeks ago. While Filing preparing for 140 and porting, My attorney found that the new employer's financial statements of 2003 and 2004 are not supporting the "Ability to pay" clause defined by USCIS and he feels my case may get rejected when submitted for porting of Previous priority date.

My Questions is


Does it really matter about 2003 financial statement of New employer ? Can i just take risk and apply for 140 with Porting request ? 

What are my options here : I badly need to use my old priority date so i can get my GC approved sooner. Please advice

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