Filing I-140/I-485, after I-140 denial

S

Sabu

Registered Users (C)
My I-140 got denied in December 2002 due to some stupid reasons regarding the company, after investigation and which are not at all correct. We have filed for appeal in January.

What is the difference between Motion to Reopen and Appeal in Formwise. Is it form 290B for both or Only for appeal?

Mean time is it possible to file I-140 (and I-485) again with same approved labor? What will be chances of getting my I-140 approval? (Good or Bad or None)

Thanks,

Nanshi.
 
naanshi,

Please give some more detail about your I140 denial.Was teh problem financial?

Thank you
 
Actually, you can refile. Of course, you will need to supply the receipt number for the previous filing and you will very likely encounter the same problem.
 
Dear Mr.Jim,
Thanks for your reply to my email and this posting. If we explain clearly that the reasons for denial are not correct, then will INS issue RFE again for this I-140? Is it a good idea to file I-485 also concurrently with this I-140 application? (My earlier I-485 got denied due to the denial of I-140)

Thanks again,
Naanshi.
 
Did you do a motion to reconsider or a request to correct a service error? Either one of those should have been attempted prior to appeal. The opinion of the first officer will probably be given considerable weight.
 
Dear Mr. Jim,
Thanks for the reply. The Officer just ignored all the evidence we submitted(We clearly mentioned this in the Appeal) and ordered for an investigation about the company. After investigation, they came up with lot of incorrect information regarding the company and based on those information, the officer denied the case.

There is nothing we can send for Motion to Reopen. We felt that the only way was appeal and we did the same. Even if the Opinion of the first officer is wrong or if they found that the Officer intentionally denied the case , will it be given considerable weight?

Do you think the appeal petition will go to the Same Officer Or Same Supervisor, who approved the Denial?

Thanks for your help,
Naanshi.
 
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