Please save my 485 being rejected. Help needed.

P

palakpaneer

Registered Users (C)
What happens in this case?
My 140 was filed with EB2 and it has been rejected based on ( 3 yrs + 2 yrs) degree.
My lawer just filed the appeal for the case and in the mean time she immediately applied for new 140 in EB3.
Would my 485 be rejected because my 140 was rejected?
can I use the new 140 receipt and attach it to the pending 485 case?
How can I save my 485 getting rejected?
 
the appeal has been filed. it is just that to be on a safer side new 140 in EB3 category has been filed. if somehow that new pending Eb3 can be connected to 485, it can be saved being rejected. I am not sure though.
 
Can you file 140 based on the earlier filed LC incase your 140 got rejected. I heard you have to start the process again, by filing new LC and ...you got it. I understand you can appeal and keep you hopes alive but my question is in response to your suggestion of filing 140 with earlier filed LC.

Thanks!
 
As long as the LC is not expired you can still use that and file new 140 on it. The only condition is, it has to be of different category. In my case the one that got rejected was under EB2 so now my lawer has filed new under EB3.
The only question I have it, can it be linked to pending 485?
My 485 was not filed concurrently. perhaps that is the reason it is still not denied. Before it is denied, i want to file new 140 and link it to the pending 485.
 
palakpaneer said:
As long as the LC is not expired you can still use that and file new 140 on it. The only condition is, it has to be of different category. In my case the one that got rejected was under EB2 so now my lawer has filed new under EB3.
The only question I have it, can it be linked to pending 485?
My 485 was not filed concurrently. perhaps that is the reason it is still not denied. Before it is denied, i want to file new 140 and link it to the pending 485.
Click to expand...

Yes, you can link the new 140 to your 485 but the 140 has to be approved first. You may even reclaim your earlier priority date.
 
How did you file a new EB3 I-140? You need a LC of a similar category and job description.

To answer your question, yes, your I-140 need to be approved before you can interfile it with your pending I-485.
 
palakpaneer said:
As long as the LC is not expired you can still use that and file new 140 on it. The only condition is, it has to be of different category. In my case the one that got rejected was under EB2 so now my lawer has filed new under EB3.
The only question I have it, can it be linked to pending 485?
My 485 was not filed concurrently. perhaps that is the reason it is still not denied. Before it is denied, i want to file new 140 and link it to the pending 485.
Click to expand...

Under EB3 you will have different conditions including different priority date. Your pending I-485 mostly will be rejected if the matched I-140 stayed in dinial status.
 
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