Which I-140 to use for adjustment of status


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I have approved EB3 I-140 from previous employer. Have new EB2 I-140 approved from new employer working for last three years. EB2 got the ported date same as EB3. Now EB3 became current. 


Got first RFE for medicals and EVL. After submitting it, got second RFE, stating that visa available based on EB3 I-140 but not on EB2 I-140. They need written request to use which I-140 for adjudicating the case.


Since not working for previous employer using EB3 I-140, does it create problems?

My priority date is Oct 2004, should I wait until EB2 I-140 visa available?

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