I used portability to port my I-140 to my current company that I am working for after 180 days of it being pending (Labor cert was approved first with old company but same or similar occupation. I submitted concurrently an I-140 and I-485 with new company using portability. My decision came back from the INS that they denied the case based on lack of ability to pay by the first company that I filed with. My current lawyer says they made a mistake and judged or ruled against the law. She says the law states that you can't deny a I-140 when its been ported based on first companies ability to pay if the job is the same or similar occupation. Is this correct and do you think I would win the appeals. Please help. Thank you. David