New I140 in EB2 ..& 485

W

when_gc

Registered Users (C)
Hi,
Lots of good information on this web site.
I have a situation here and would like other peoples opinion on it ..
I applied for I140 & 485 concurrent in 2004 ...I140 got denied in March 2005 filed an appeal in July and still waiting .... No answer from Appeals office.
Filed H1 extension and recapture the time spent outside US & 1 year extension. Got approved.
Earlier this year I asked my lawyer to apply for New I140 .. since my labour has requirement for masters & 2 years and I qualify for that as I have bachelors + 5 years .. My lawyer applied for New I140 in EB2.. Lawyer said that he will have to withdraw appeal before he applies for I140 .. Is this true ?
as in my knowledge and based on the information on this web site you can file multiple I140. Moreover if we withdraw our appeals .. What happened to my I485 .. Do i have to file new I485 as I was thinking of attaching new i140 to old I485. ..
If my I140 gets approved ..Can i use AC21 based on my Old I485 application ?
 
Yes, you can file multiple I-140.
No, you cannot attach new I-140 with the old I-485 because your new I-140 will be for EB2 and your old 485 is for EB3.

This is per my own experience and my lawyer advice. However, each case can be different.

Good luck!
 
I thought I485 is the application to adjust status based on the petition of immigrant application (I140), it doesnot matter its Eb2 or Eb3.

The only thing confusing that since our I485 is denied and in appeals .. and if we withdraw our appeals is I485 stays denied our it can be reattach to our new I140.

Thanks
 
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