Pop_me L
23 de jun de 2024
Please help: Resubmitting New Application
Please how many days do I have to submit a new I-140 NIW application after the first was denied before I go out of status. I have a dismissed I-290b. Its been 12 days and I haven’t received anything in the mail. I really want to be on the safe side. Thank you. #Niwapplication #submissiontime
PUBLICIDAD
Charlie SC23 de jun de 2024
I-140 NIW can be submitted anytime. The main issue is it's submission has nothing to do with out of status as only i-485 prevents from getting out of status by providing temporary status to stay.
During resubmission try to address the reason of denial in the first case.
Pop_me L23 de jun de 2024
@Charlie SC thank you. So what this means is that I just need to do a concurrent application since my first first I-485 might likely be cancelled following the dismissal of the application that I submitted it with. I heard it usually take USCIS two to three months for it to take effect.
Dani I23 de jun de 2024
try submit appeal you have 30 days from date of denial
Pop_me L23 de jun de 2024
@Dani I my I-290b was dismissed two weeks ago after 11 months of submission
Charlie SC23 de jun de 2024
@Pop_me L you can only file concurrently if priority date is current.
Pop_me L23 de jun de 2024
@Charlie SC thank you for this information. I just checked the Bulletin and the date is Jan, 2023 which means my pd is not current. I can only reapply for my I-140. So, what happens when you are approved and your priority date is still not current? Or does a new rule apply?
Charlie SC24 de jun de 2024
Even if I-140 is approved, you cannot apply i-485 if your PD isn't current. that's the issue with many applicants
Charlie SC24 de jun de 2024
@Pop_me L when you reapply i-140, you will get a new PD based on your date of submission.
Dani I24 de jun de 2024
you can refill an eb2 niw and file eb1a concurrently. this can help with your status
Pop_me L13 de jul de 2024
@Dani I I am going to submit appeal and then submit a new NIW I-140 to add all the reasons for the denial at a later date.
