Concurrent filing I-140/I-485;I-140 denied

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petestone

Registered Users (C)
One of my friends I-140/I-485 were concurrently filed and I-140 was denied due to company going in losses last year.

Here are my questions:

1.Can I-140 be refiled as his company got funding again (Got $ 5 million). or appealed.

2.What are the impacts on I-485 if I-140 is denied.

Jaxen/Ginnu/Yea Man your response will be highly appreciated.

Thanks
Pete
 
Originally posted by petestone
One of my friends I-140/I-485 were concurrently filed and I-140 was denied due to company going in losses last year.

Here are my questions:

1.Can I-140 be refiled as his company got funding again (Got $ 5 million). or appealed.

2.What are the impacts on I-485 if I-140 is denied.

Jaxen/Ginnu/Yea Man your response will be highly appreciated.

Thanks
Pete
Click to expand...

I presume I-140 was denied because the company's finances and the ability to pay the stated salary were in question. In that case, company ca re-file showing new sources of funding. Was any RFE received for this case? Appealing will take much longer.

If I-140 is denied, I-485 WILL have no basis, and therefore will be denied automatically.
 
I-140/I-485 denial

RFE was recieved before denying but copany did not have funding at that time.Now the fuding is complete and money is in bank.Which is better refiling I-140 or appeal.

Will I-485 be refiled again ?

Thanks
Pete
 
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