Can I submit a new I-140 petition if I previously filed one but was denied? Or should I appeal the rejection? If the I-140 was rejected, what happens to the pending I-485 that I had concurrently filed? Can I transfer the I-485 to a new I-140 petition after getting denied?
Answers
Lynne Feldman
Immigration Attorneys DirectoryIf the I-140 was denied, the I-485 is likely no longer pending and now you need a new I-140 and a new I-485.
Bernard P Wolfsdorf
Immigration Attorneys DirectoryThere are circumstances when you can transfer the underlying basis of your adjustment, but it’s often best to file a new adjustment if you have a lawful basis to apply.
Jason Feldman
Immigration Attorneys DirectoryYes, you can file a new I-140. Whether appealing, refiling, filing a lawsuit in Federal Court, or doing nothing (because the government's decision was correct) is best will depend on the facts of your case. The I-485 will likely get denied, but if a new I-140 is filed quickly and/or the original one appealed the I-485 will most likely remain active.
I highly recommend having a competent immigration attorney review the details of your specific case.
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