My EB2 Perm went into audit 10/2007 and got rejected after 2 yrs-10/2009 We filed an appeal with BALCA soon after. Now we are about to file a new labor.My attorney asks me to withdraw the previous laobr appeal ,saying it will jeopardize the current application.
I want to keep the appeal ,because if it goes through I can retain my priority date.

1.What are my options.
2. Can I take a risk ,of going with both perm applications.
3. If I have to withdraw the prev labor,when should I do it. Before filing new Perm or anytime I want after filing it.

Please suggest the best option ,as I don't want to go behind on priority date.