Hello gurus,
I am the beneficiary of a just filed labor substitution and going through PERM concurrently, since there is a 50-50 chance that the labor substitution will be denied due to potential issues. However, we also filed the I-485 concurrently as my native country has visas available. If the I-140 is based on the labor substitution is denied, can use the already USCIS filed I-485 and the already paid filing fee with my PERM approval and the new I-140, or do I have to submit an entirely new I-485 application and filing fee?
I am the beneficiary of a just filed labor substitution and going through PERM concurrently, since there is a 50-50 chance that the labor substitution will be denied due to potential issues. However, we also filed the I-485 concurrently as my native country has visas available. If the I-140 is based on the labor substitution is denied, can use the already USCIS filed I-485 and the already paid filing fee with my PERM approval and the new I-140, or do I have to submit an entirely new I-485 application and filing fee?