I140 PD from EB3 to EB2 not ported but A# same

[hydsoul]

My Wife has approved EB3-140 with priority date of Aug2008 and EB2-140 priority date of 2010.
Issue is.. The priority date on EB2-140 did not get ported from EB3. but the A# is same on both the 140's. question is are we still qualified to apply for 485 since the dates have moved?? or do we need to have the dates ported first before we apply for 485??
We have many conflicting answers and one source cited 8CFR §204.5(e) and said as long as A# is same in both I140, we need not worry about PD on the I140 and while applying USCIS will consider the EB3 PD. very confusing and unable to decide since we are ready to apply on Jan1 2011.

I would really appreciate if any one you can help who had similar issue and how to confront this.

[username]

My Wife has approved EB3-140 with priority date of Aug2008 and EB2-140 priority date of 2010.
Issue is.. The priority date on EB2-140 did not get ported from EB3. but the A# is same on both the 140's. question is are we still qualified to apply for 485 since the dates have moved?? or do we need to have the dates ported first before we apply for 485??
We have many conflicting answers and one source cited 8CFR §204.5(e) and said as long as A# is same in both I140, we need not worry about PD on the I140 and while applying USCIS will consider the EB3 PD. very confusing and unable to decide since we are ready to apply on Jan1 2011.

I would really appreciate if any one you can help who had similar issue and how to confront this.

My case is exactly same as yours. Don't worry just apply for your I485 with lawyer covering letter requesting to convert EB3 priority date to EB2 category. You should be good to go.

Good Luck.