NIW 140 approved, 485 denied, suggestion?

N

newland2008

New Member
NIW I140:
RD: June, 2006
AD: April, 2007

I485 based on NIW I140:
RD: July, 2007
Denial: May, 2008

EB1A 140:
RD: July, 2007
RFE: Jan, 2008
Denial: May, 2008

My I485 based on NIW was denied because my EB1A I140 was denied :( (by same IO 241 on same day).Kind of shocked. I am thinking of filing a Motion to Reopen. Is this a right move? And what is the difference between motion to reopen, motion to reopen and reconsider?

Please give me your opinion. Any suggestions are appreciated.
 
nscagony, Thank you for your suggestion. I am using the H-1B now, so I can wait. But I am afraid the dependent's I-485 (which is still pending now) will be denied at any minute and then the EAD is invalid. That is why I am seeking a way to change this decision. Do you think I have other options?
 
You only option is to file a motion to reconsider and ask for the I-485 to be attached to the other I-140. If that fails your spouse needs to re-enter the US in H4 status since s/he is in adjustee status which becomes void immediately when the I-485 is denied.
 
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