Refiling of I-140 is not allowed :(

H

hxshet

Registered Users (C)
EB2- 140 was declined based on the reason that LC doen't meet the EB2 criteria, lawyer refiled under EB3 but it was returend saying that LC is expired. (180 days rule).

Is this really true that refiling is not allowed?? I don't trust my Lawyer anymore.

Please share you experience.
 
is ur LC is perm or old ETA.

Please let me know.


hxshet said:
EB2- 140 was declined based on the reason that LC doen't meet the EB2 criteria, lawyer refiled under EB3 but it was returend saying that LC is expired. (180 days rule).

Is this really true that refiling is not allowed?? I don't trust my Lawyer anymore.

Please share you experience.
Click to expand...
 
To my understanding, Re-filing and LC expiry are different: Once a LC is approved, the employer need to file an I-140 application within 180 days. Otherwise the LC's validity expires. However, refiling the I-140 case is not constrained by 180 day rule.
 
I-140 refiling

manwithnoname said:
To my understanding, Re-filing and LC expiry are different: Once a LC is approved, the employer need to file an I-140 application within 180 days. Otherwise the LC's validity expires. However, refiling the I-140 case is not constrained by 180 day rule.
Click to expand...
Is it written somewhere that Refiling is allowed after 180 days?

I need a lawyer who filed this type of cases.
 
I-140 Refiling

Yes it is allowed. When you file the first time you have to file within 180 days. If it is rejected then you may refile again after 180 days. I have been successful filing the second time. My application is pending at TSC. Ask you lawyer to show you the RFE or document from the Service center.
 
din21 said:
Yes it is allowed. When you file the first time you have to file within 180 days. If it is rejected then you may refile again after 180 days. I have been successful filing the second time. My application is pending at TSC. Ask you lawyer to show you the RFE or document from the Service center.
Click to expand...
Thanks din21, Did you refile after Jan 12?
Please post so that I can tell my lawyer.
 
No, I refiled in the month of July 2007. Why? What does Jan 12 have to do with it? Have they changed rules after Jan 12?
 
Urgent help

Hi,
My I-140 case was filed last Jan 2007 and got an rfe in Dec asking for my experience letter. Now it says my I-140 is denied.

Could you please help me here... what can I do now? I am kind of worried about this.

Can I refile I-140?
do I need to refile Labor again for this?
Or if my I-140 is denied does it mean I need to go back to India?

I am kind of confused what to do

Thanks
 
Hi waiting_in_vain,

Just today, I saw the case status online as Denied
I do not know what is the reason for denial
I am not even able to catch hold of my attorney...
Will update the thread when I know the reason.
 
Can I use Old Priority date if I refile Perm and 140

Hi,

I have the following questions.

1) Is the 180 days LC expiry applicable for refiling of I-140 which is denied.
2) i.e. can I refile I-140 under EB3 category now eventhough my Labor Perm (EB2) PD is more than 180 days old since my I-140 is denied
3)Or if I start everything afresh by filing a new Perm, can I still use the old labor's PD?

Thanks for the help
 
You can re-file in EB3 only under certain circumstances. These are: EB2 LC job description failed to comply with EB2 requirement and you possess the necessary qualification for EB2 criteria. Otherwise, proceed with the back up plan (new LC, I-140 etc).
 
Last edited by a moderator:
is this rule effective only when I-140 denied ?

Hi manwithnoname,
I appreciate you helping everyone on the forum . this fact
"You can re-file in EB3 only uder certain circumstances."
comes into the picture only after 140 is denied or while it is pending and someone files an amendment from EB-2 to EB-3 ?
Mine was filed in EB-2 ( Bachelor's degree + 5 or associate + 7 year year exp), later on lawer amended it to EB-3 saying my 3 year degree may not be considered Bachelor's degree
 
What I meant in my previous post is that: Service Center sometimes allows re-filing in EB3. What was the job category (EB2 or EB3) as a part of Labor Certification requirement? If that is EB2, from the previous posts I recollect that action need to be taken only upon a RFE or NOID issued by the service center. But this is case specific, if your lawyer thinks to amend the petition pro-actively, perhaps that's the best approach as applicable your case.

Please keep us posted ...
 
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