Swapping older PD labor in newer PD I-485 application

G

GrC2005

Registered Users (C)
I need some advise on my GC situation and hoping someone could let me know if my lawyer is following the right steps.
My company applied for non-RIR labor EB2 (India) in Feb 2004. This labor was approved in Sept 2007 (from the backlog center)
I changed positions within the same company and they applied RIR EB2 labor in March 2005. This labor was approved in July 2006. Since the dates were retrogressed for India at the time, I could not apply for I-485.
I applied for I-485 with the newer PD labor in July 2007.

Since my older PD labor is approved, my lawyer said we first have to file for I-140 then when it is approved, we can swap the older PD labor in the I-485 application already filed? Is this possible? Please can someone give some feedback
 
Good to know there's a lawyer who's working for the good of the immigrant and not otherwise. Do exactly what he/she tells to you to.
 
My situation:

Company A
EB2 PD April 2001
I-140 approved Dec 2001 but I-485 not filed.
Laid off by the company but H1 not revoked

Company B
EB3 PD December 2003
I-140 approved October 2004
I-485 filed December 2004

I-485 Interview on December 11 2007

Question:
Since EB3 is retrogressed from December 2007 Can I use PD from company A for I-485 interview on December 11?
 
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