M O
Aug 8, 2023
I-140 Denied, can I refile using the I-485 pending?
Hello community
I applied for an EB-2NIW (Dec 2021). I received my EAD 6 months later. On Dec 2022 I received a RFE, which was answered timely and with all the evidence USCIS was asking for. On Aug 2023 my case was denied (I-140).
Can I refile a new I-140 with more and better evidence and still use the pending I-485?
It's anyone having or had the same situation?
I have a lawyer and I would like to have others' points of view before talking with the lawyer.
Thank you for your advice and guidance
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G SAug 8, 2023
My friend was in similar situation and what he learnt was - you can’t. Although you can file an appeal which will extend your current I-485 so you have time with new application. in my friend’s case - his appeal was approved
FlyHigh ❤️Nov 16, 2023
I was in your situation and I missed the opportunity to do something that might have really helped me and which was to file an appeal. If you don't have a valid non-immigrant status, you can't file a new case and still remain in the US, you'd have to exit the country. So, file a motion to reopen/reconsider (I-290B) and then your I-485 will remain valid, and you can file a new petition
