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Old 08-11-2009, 03:51 PM
Senior Member
Priority Date
:
Nov-04
Category
:
EB2
I140 Mailed Date
:
04/20/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
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Join Date: May 2006
Posts: 137
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Default Refiling I140 - Please advice

Hi,

My I140 got denied early this year and the appeal is pending. Processing times for the appeal is 22 months. My priority date will be current next month. Because of that i am considering to refile my I140 and 485 again and withdraw the appeal.

1) Can we refile I140 with the same category (EB2)
2) Can USCIS just deny the new I140 because of the earrlier denial
3) Is there any one who tried this. What is the outcome of the new I140 application.

Please share your experience and also please advice

Thanks in advance
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  #2 (permalink)  
Old 08-11-2009, 05:37 PM
Donor
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/16/2007
Compare
Join Date: Jul 2009
Posts: 22
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Default You can refile

You can re-file a denied I-140. In my case, first I-140 was denied in 2006 but never received the denial notice, so time for appeal lapsed. However, during 2007 July, we concurrently filed using the same labor. The second I-140 was approved in 2009. Both the I-140s were processed by Nebraska Service Center.

Hence, based on my experience, you can refile but you should be able to over come or at least have strong enough reasons to over come the cause of initial denial.

I am not sure on how to deal with with-drawl of your existing appeal and 485 petitions.

As far as 180 day rule of labor is concerned, my understanding is that, based on USCIS clarification, it only applies to initial filing of I-140 petition but not for re-filing as long as the original I-140 was filed with in permitted time. You can go through websites of Murthy / Rajiv Khanna for authentic information on this.

Good Luck,
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