Re-file I-140 Premium

nepcrew

New Member
Hello-

I've read in many posts that re-file of I-140, once the first one is denied, cannot use the premium processing service. My I-140 was denied recently because of stupid reason (company name was slightly different). Its been a week, and my company is preparing to file a new petition under the correct employer name.

I was losing hope on this, because original labor petition is already sent to USCIS with the first application, and new I-140 does not have it. I read Mr. Khanna's comments which gave me a bit of hope:

"This is a tricky question. USCIS has said if you still have the original of the PERM and it has not been archived then they will take the premium processing only if they have the originals in their possession. If it was never submitted or if the case has been shelved they will not take premium processing."

I think USCIS officer would rather look into the file, rather than requesting DOL, as he/she would be interested to compare two applications to find reasons why he needs to approve it. My I-485 (filed concurrently) is still pending, I am assuming that they'd keep everything handy in case someone files a motion and it goes back to the USCIS officer.

My question is - anyone had luck with premium processing? Would it make sense if the attorney called USCIS as soon as the application is received to convince them that Original Labor is with them in the same service center, and request them to consider premium? Or is this a lost cause?

Thank you for your valuable suggestion.
 
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