Rejected I 140 to be substituted by a fresh one???

late_twenties

Registered Users (C)
Urgent guidance needed.......
My I 140 was filed last May2006. An RFE was filed January 2007, and then it got denied because employer failed to show the ability to pay. My lawyer filed an appeal for that I 140 rejection.
Now my Lawyer says that I should file another fresh I 140 with the same labor on top of that appeal. He says that once USCIS sees two I 140 files, they will ask us to withdraw one. At that time we can withdraw the appeal if it is not through, and continue with the fresh I 140.

Is this possible?

Please shed some light on this issue I need help urgent because he is ready to file it today.
 
yes it is possible. my lawyer suggest the same thing and uscis approve my older I-140 even without an appeal. I still have the other I-140 pending even I already got my gc.
Good luck!!!
 
For Late_Twenties

Just for curiosity sake, what happens to the earlier LC, when you withdraw the appeal? Please keep us posted on the developments.

Good luck.
 
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