Question about how to proceed after filing I-140 twice through two different sponsors
After my first company received PERM approval, I filed I-140 and was waiting, but my relationship with the sponsor deteriorated and I ended up leaving that job.
Afterward, I found a second sponsor and filed PERM again in the same skilled occupation under the third preference, and while waiting, that case got flagged for an audit, causing a long delay. Meanwhile, my first filing moved forward quickly, and after resolving things properly with the first sponsor, I filed I-485 under that first company and even received my work permit. I’m now waiting for my green card.
My question is: if the second filing eventually gets approved, can I-140 and I-485 be filed together at that point? I’m asking because the first sponsor has started making unreasonable demands again, and I’m considering going through the second sponsor instead. I’d like to know if there’s a good approach here.
The best option would likely be to obtain your green card through the first sponsoring company. If you’d prefer to get your green card through the second sponsor, once PERM is approved and I-140 is approved, and assuming the visa bulletin is current, you could update the I-485 already filed under the first sponsor using the newly approved I-140 — rather than filing a new I-485, you would update the existing pending application.