I140- refiling after denial

G

gcstruggler

Registered Users (C)
Hi friends,
I posted couple of times in different forum asking for things that we need to do when refiling the 140. But I did not get a good amount of replies. If any of you had any experience with refiling 140, would you mind sharing it with me. I have the following question in regards to filing new 140.

1) When filing the new 140 can we ask them reopen my existing 485( Which was denied because of my earlier 140 denial)
2) Can we send a copy of the new 140 and the appeal to my existing 485 and request them to reopen the case. ( Since I cannot file new 485 because of retrogression)

My lawyer says we cannot do that. If anybody has done the above actions, please let me know.

For people who donot know, my I140 was denied because of my B.Tech was a 3 year degree.

Thanks in advance for your help.


Regards,
gcstruggler.
 
if u hv transferred to AAO, why are u still fining a new 140 ? How long will it take to hear from them>

I dont think u can use the 485 as it is denied along with the prev 140. My suggestion is that why not file for a new labor thro perm- make sure that u hv combination of degrees allowed in form 15. And file at another center rather than NSC- still dont understand why other centers are fine with the 3 yr degree and not NSC!

im in the same boat, however i did get a rfe- im surprised that u did not rec a rfe to prove ur point.

regds
 
AAO with the current speed takes 15 months. If I file a new 140, if I am lucky they might take it in 1 or 2 months. So I decided to go for it. Another advantage in filing new 140 is that they will consider only the new evaluation and not the old one that we submitted with the old one.

When we file an appeal, we can request them to repopen the 485 upon approval and it is very normal and I have already done that.

But my question is doing the same when filing the new 140.

rayman6 said:
if u hv transferred to AAO, why are u still fining a new 140 ? How long will it take to hear from them>

I dont think u can use the 485 as it is denied along with the prev 140. My suggestion is that why not file for a new labor thro perm- make sure that u hv combination of degrees allowed in form 15. And file at another center rather than NSC- still dont understand why other centers are fine with the 3 yr degree and not NSC!

im in the same boat, however i did get a rfe- im surprised that u did not rec a rfe to prove ur point.

regds
Click to expand...
 
Are U filing for fresh I-140 with a new Labor..?
Without the new labor a fresh application might not hold true...

485 is linked with 140 and no way it can get tranferred to the new 140 that U are doing....

Good luck

Nadi
 
refiling I140 on the same labor

I am filing fresh 140 for the same labor.

Nadi said:
Are U filing for fresh I-140 with a new Labor..?
Without the new labor a fresh application might not hold true...

485 is linked with 140 and no way it can get tranferred to the new 140 that U are doing....

Good luck

Nadi
Click to expand...
 
hey gcs,

i actually sent u PM prior to reading this post.

ur prev 140 was denied. but was it due to what was on ur labor? i feel the combination of degrees allowed shld be mentioned (based on the various posts read).

Also, try filing at another center as NSC is so touchy with this issue.

Any suggestions from others would help? I might hv to refile if im rejected.

All, pls respond.......
 
Ead

guys,

If 140 approved and 485 denied for some reason your EAD also invalid. If one appeals 485 denial then EAD is valid until you receive your decision. But what happen if 140 and 485 denied and if you appeal the denial? Is EAD still valid until you receive the decision or not?
 
july140 said:
guys,
If 140 approved and 485 denied for some reason your EAD also invalid. If one appeals 485 denial then EAD is valid until you receive your decision. But what happen if 140 and 485 denied and if you appeal the denial? Is EAD still valid until you receive the decision or not?
Click to expand...

Hi July,
Lets analyse it this way --
EAD is nothing but a work permit and does not do anything for status... Let say U have filed 485 ... simply filing and if you are physically present in US ... U are IN STATUS... But being in Awaiting 485 Approval status does not give U right to work -- so comes the EAD.

Now for concurrent applications -- If 140 is denied -- then 485 automatically get denied.. Makes sence ... So if you appeal for 140 then 485 is automatically gets back ... so Ur IN STATUS (pending 485) all over again.. Now since U are IN STATUS .. EAD holds true...

ha ha ... don't worry .. even if you are OUT of Status .. U can still work for 6 more months without raising any flags.

don't worry -- U will get UR 140 soon.
Good luck...
 
Last edited by a moderator:
gcs, nadi, billtoo

hv a quick q regd AAO. i hv a 140 on rfe. my h1 expires on aug 2006 (6 yrs from my entry in US). If my 140 is rejected at NSC for edu issue, i can appeal at AAO, just as GCstruggler did. My q. is upto when is my h1 extended- ie. i get 1 yr extn to Aug 2007 or from the point i file for extn. My current date on i94 is jan 2006 as i had a chng of employer.

I was wondering if the h1 extn is only from the point of filing for extn, then can i afford to wait a little longer and file with AAO. is there a time frame to appeal ur case with AAO?

in the meantime i could file a new labor and get me a yr on it, or hopefully hv the new 140 approved!

pls advise.
 
Billtoo,

Thanks for your hope man. I am not using my EAD. I was concerned about it because my wife is working on EAD, so i thought if 140 gets denied then she has to quite her job since she is my dependent.
I hope I shd get approval soon, as per my lawyer we replied whatever they have asked for it.
 
july140, billtoo

i spoke to my lawyer regd my 140 rfe. if i were to file 485 now and lets say my 140 is denied, then 485 is immdtly denied. by appealing to aao u r on a pending result case only. u are not in staus with ur 140/485/ead at that point and is of no use to you. u can only be in status with ur h1 at that time- ie if u extended ur h1. my lawyer told me this. pls clarify this with ur lawyer and post.

billtoo, can u pls chk too?

regds
 
Billtoo, july 140

does the abv hold true only for non-concurrent filers? cos my 140 was filed first and is on RFE and i was thinking of filing the 485. but just holding back as i expect a response- nearing the INS notification deadline....

regds
 
rayman6 said:
Billtoo, july 140

does the abv hold true only for non-concurrent filers? cos my 140 was filed first and is on RFE and i was thinking of filing the 485. but just holding back as i expect a response- nearing the INS notification deadline....
regds
Click to expand...

If you have not filed for 485 then U need H1b to maintain the status...
I feel it is better if U extend the H1b ...


Goood luck
 
I am confused about this now. Everyone has different openion. Don't know what to do other than praying to god to approve my 140.
 
shoshanad,

I got it from thedegreepeople but still USCIS denied it
 
Last edited by a moderator:
gcstruggler said:
Hi friends,
I posted couple of times in different forum asking for things that we need to do when refiling the 140. But I did not get a good amount of replies. If any of you had any experience with refiling 140, would you mind sharing it with me. I have the following question in regards to filing new 140.

1) When filing the new 140 can we ask them reopen my existing 485( Which was denied because of my earlier 140 denial)
2) Can we send a copy of the new 140 and the appeal to my existing 485 and request them to reopen the case. ( Since I cannot file new 485 because of retrogression)

My lawyer says we cannot do that. If anybody has done the above actions, please let me know.

For people who donot know, my I140 was denied because of my B.Tech was a 3 year degree.

Thanks in advance for your help.
Click to expand...

GSC, Did you ever get more information on this?
July140, I also see that your case was denied. Was your evaluation done only on the basis of degree or combination of degree+various courses + experience??
 
140 refiled

My I140 was refiled about a month ago and it is still in the pending status. I was told that I have to file 485 fresh for the new 140. But I cannot file 485 because it is retrogressed now.
The denied one had evaluation B.Sc + B.Tech = US Bachelors
The appeal one had B.Tech = US Bachelors (Trustforte)
But it got transfered to AAO.
The refiled 140 has B.Tech = US Bachelors ( got it from professor)
marooti said:
GSC, Did you ever get more information on this?
July140, I also see that your case was denied. Was your evaluation done only on the basis of degree or combination of degree+various courses + experience??
Click to expand...
 
GCS what was your source of information?
If your information is correct then we can't file 485 because its retrogressed then what are we gaining from refiling I140? That too we are not 100% sure if the new 140 will be approved. If the new 140 is approved then the only step saved would be filing a new labor under PERM. Another advantage would be for visa extension beyond 6 years.
But in any case the chances to get 485 (or getting EAD and AP) are very slim.
Correct me if I am wrong here.
 
refile 140

Source of information is my lawyer and some postings in this forum.

I know one case ( my cousin's) that 140 got denied few years back. He appealed and refiled 140. He said that the new 140 triggered the appeal to be opened and eventually the 140(appealed one) got approved.

I am hoping my new 140 will trigger my appeal to be opened. If the appeal gets approved then my 485 will be opened. Then I can apply for EAD and AP.

At the time of my 140 refile the retrogression wasn't this bad. I was hoping that in October the cut off date will move forward so that I can file new 485. Now I feel filing new 140 is of no use other than that it might trigger my appeal to be opened.


Thanks.


marooti said:
GCS what was your source of information?
If your information is correct then we can't file 485 because its retrogressed then what are we gaining from refiling I140? That too we are not 100% sure if the new 140 will be approved. If the new 140 is approved then the only step saved would be filing a new labor under PERM. Another advantage would be for visa extension beyond 6 years.
But in any case the chances to get 485 (or getting EAD and AP) are very slim.
Correct me if I am wrong here.
Click to expand...
 
You must log in or register to reply here.
Top