RE-APPLY I-140, Is It Possible?

D

dhamaka

Registered Users (C)
If an I-140 petition is denied by BCIS, is it possible for the same company to apply for another I-140 application for the same beneficiary?

This will be based on new developments after the I-140 was denied and also an appeal pending on that denial.

Is it possible. I have not seen an post on this forum about Re-applying of I-140.

Any ideas/opinions.
 
Yes, It is possible to apply for the SAME beneficiary, by SAME employer, with new facts and documents to OVERCOME the earlier denial.

If your appeal (I-290B) gets approved first, then you can always withdraw the new petition.

Nanshi.
 
I-140 denied, Re-apply

Thanks Nanshi. Your advice is helpful.

If prior I-140 is denied and appeal pending, H1-B Visa expired 3 months ago, how will the person stay in the country even if new I-140 is filed. What will be the status of that person.

Also with a appeal notice can one get an interim EAD by walking to the local INS office?
 
What I heard is "as long as your appeal is pending, you are legally allowed to stay". But I am not sure about that.
You cannot get intrim EAD because your I-485 might have also be denied due to the denial of underlying I-140 petition. So it is not possible to issue an EAD for a I-485, which is already denied.


Nanshi
 
But if the appeal is denied, then the person is out of status from the day the H1-B Visa is expired. Right? And also if one has overstayed any visa for more than 180 days then that person won't be able to enter US for 3 or 10 years. Right?

But what happens if the new I-140 is pending? Is the person allowed to stay here until a judgement is reached for this new petition. Will that person be not overstaying the 180 days limit?
 
So if we have a valid H-1 extension(7th year) , does it going
to be a valid status eventhough there will be a denial of I-140 ?
 
H1-B and I-140 are 2 separate issues, not connected with each other. H1-B will be valid even if I-140 is denied.
 
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