Ahmed Ah
Jun 13, 2023
Can I appeal denied I-140 and refile at the same time ?
Hello ,
Can I appeal denied I-140 and refile at the same time ?
The reason for the appeal because I want to maintain my I-485 and my EAD that I got from the denied I-140
the reason for refiling is higher chance with hearing the decision faster
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Sa OJun 13, 2023
@Ah Hamad can you post the reasons given for the denial then I can suggest?
Selith HJun 13, 2023
@Ah Hamad I would suggest you talk to your lawyer about your options if you have one or consult one if you don't. The NIW process is a little tricky and most lawyers can help you present your case in a good way even if you have a strong credential.
N FJun 13, 2023
technically you can do that. but your old I-485 will be related to your old I-140 and you'll have to maintain this I-140 as long as you can. you won't be able to interfile it to your new I-140 in case if your new I-140 is approved. You can file new I-485 with new I-140 and wait for them to be approved. and again you still have to keep your old I-485 pending until you'll get new I-485 approval. I'd file only appeal.
Ahmed AhJun 13, 2023
@Sa O they aren’t satisfied with the three prongs except substantial merit part and I talked about establishing a business in my field to create jobs and I am not convinced about my denial anyway. his answers don’t make any sense to me at all because I provided so many evidences and he skipped commenting on strong evidence and just commented on what he wants
A RJun 13, 2023
@Ah Hamad do you know the officer ID?
Endless JourneyJun 13, 2023
The appeal is not advised for every denial, so I would consult a lawyer, like others suggested.
My case was also denied. First we re-applied and within the next month we filed the appeal. On my case the lawyer advised, plus I had no choice since they denied my I-485 a few weeks after the I-140, and we needed to keep our status.
They did not processed my new case, instead they sent to the appeal office, my lawyer think they would like to have all the files, before make a decision on the appeal and later they should return the new case for the original processing center to analysis. Is been over 8 months and we don’t have a decision yet.
Nspdd GraceJun 14, 2023
Endless journey pls why was your i485 denied
Endless JourneyJun 16, 2023
They denied my I-485 because it was linked to my denied I-140. It seems that usually they don’t do it right away, most of the time it keep active over years even, relaying on the pure luck, I guess luck wasn’t on my side.
Praise GodJun 16, 2023
@Ah Hamad Any update on your case?
