multiple I-485 filings simultaneously with different employers

[xs2dhillon]

Hello All,

I have a question regarding simultaneous filings of I-485 applications. Please consider the following scenario.

Company A (a consulting firm) filed for my labor application in April 2009. After the labor was approved, my I-140 was also approved. later in 2010, i switched jobs to Company B (a major IT company). Company B filed my labor in July 2011. However, I got the news last week that my application has been selected for Audit.

With the latest visa bulletian, the priority dates for Indian EB-2 applicants have jumped to Jan 2009. I am very much hopeful that my Company A priority date will become current in a month or so. Considering that my Company B application is still in audit, i have the following questions:

1). If Employer A is ready to offer me a job as a future employee, I am willing to start a I-485 application with Company A. Will that affect my pending labor audit application with Cpmpany B?

2). While my I-485 application is filed with USCIS, let us assume that my audit is cleared and labor is approved with Company B. Can company B still use the approved I-140 from Company A to port over my previous priority date? If yes, can Company B file my I-485 application as this will be my second I-485 filed simultaneously since my Company A I-485 is also in progress?

Thanks in advance for your replies.

[Belle]

1. No it won't impact your other application.

2. Yes, they can. In fact, it's not just them, you can just use that date to file I-485. If you already have one pending, you should just interfile it with the newly approved I-140.