Priority Date Transfer, need help with Lawyer advice

[java4yogi]

Hi Gurus,

I really needed your help on this one. :confused:

I have an EB3 I-140 approved with Priority Date of Jan 2003.
I recently got my EB2 Perm approved with Priority Date Jan 2009 and now I am planning to get my I-140 filed. I am working with the same company from the beginning.

My lawyer told me that we can go for Premium Processing of I-140, instead of regular processing. I will not be charged for this, my company will pay.

However they said that we should go for Priority Date Transfer from EB3 to EB2 at I-1485 stage and not at I-140 stage.

Could somebody pls pls. advise if this is the correct way to go about it. I missed the concurrent filing way back in 2007 and have been stuck in this boat for so long..

Thanks to all of you for your advice and time in reading this query.

[fromnaija]

I think it is better to go for priority date recapture at the I-140 stage. All it requires is to submit a cover letter with a copy of the previous I-140 approval and ask that you be accorded the old priority date on your new I-140.