My PD is Aug 2003, EB3-I with a Labor that was Bach + 5 years. It got approved in 2006. My attorney filed an I-140 in EB-3 (error and never notified me) instead of EB-2 after that and it got approved in 2007. Due to the Jul 2007 fiasco and also since the PD's of EB2-I and EB3-I were pretty close, we went ahead and filed for 485's based on my approved EB3-140. Right now my wife and I have EAD's based on that. I also have an H1-B which was renewed in 2010 for 3 years based on EB3-140 approval which is expiring on Apr 2013.

Questions:
1) Can I file a new PERM to start my EB2 process with same job and the same employer.
2) If the new PERM/140 is denied for any reason does it affect my old process in any way ...