One I-140 approved, but second denied and killed I-485. Can I save it?

A

andreyp

Registered Users (C)
My attorney simultaneously submitted two I-140 petitions for me: one as "national interest" and another as "extraordinary ability". He later filed I-485. Petition 1 got approved July 2004. I just received note that second I-140 denied and that I-485 is also cancelled without appeal as it is based on denied I-140. Is it possible to switch I-485 to approved I-140? Also, does denied petition invalidate my H1b?
Thank you.
 
H1B is valid. Since you have a valid 140 you can file a 485 against that valid 140. If you are EB3 then send those over night to VSC ( they should receive all that before 12/31, otherwise with PD retrogress EB3 won't be able to even file 485 ). Get medical done tomorrow first thing ( am not sure if you can attach previous one )

I am not aware of other options except opening MTR against denied one. Chances of approval against approved 140 is very very high and for sure you hired a bad attorney :confused:
After first 140 approval lawyer should have withdrawn the second one to file 485 with first one. There is no "two" 140 approval.
 
Last edited by a moderator:
Your lawyer should send a letter to INS that your I485 should be continued based on the approved I140. I am not sure if that is acceptable or not, but it might work. If it does not work then you have to file a new I485. Talk to a better attorney (Rajiv or Sheila).
Your H1B won't be affected by I140 / I485 denial.
 
dsatish said:
Your lawyer should send a letter to INS that your I485 should be continued based on the approved I140. I am not sure if that is acceptable or not, but it might work. If it does not work then you have to file a new I485. Talk to a better attorney (Rajiv or Sheila).
Your H1B won't be affected by I140 / I485 denial.
Click to expand...


Dsatish is correct !!!! on your 485 denial they will clearly mention that there are no pending/approved 140 to support adjustment of status !!!!!
Looks like this is not the case !!!!

Your attorney should send out a letter stating the same... It is USICS error....
 
I think retrogress will not affect you as you must be EB1. Actually you can have as much as 3 I-140 approval (EA, NIW, OR) and your I-485 could be attached to any of the approved I-140. I do not know why your lawyer particularly attached to a specific I-140. I believe (not 100% sure) that your 485 application can be removed from the denied I-140 and can be attached to the approved one. Talk to some very good lawyer.
 
You must log in or register to reply here.
Top