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Status of I-140 and Priority date after an I-485 has been denied
- Thread starter nelsona
- Start date
Hi angela20,
What if the MTR couldn't be filed (due to lapse of deadline) and I-485 is denied due to "abandonment"? (i.e. not related to I-140).
I have seen that in such cases USCIS letter generally states in the denial letter that "However you can re-file with a new processing fee" Which I would infer as I-140 being considered still valid.
Moreover USCIS site for I-140 also shows as "approved" and hence I would consider that valid for keeping priority date.
It is however not clear from the question above that, what is meant by underlying I-140 still valid (?).
A) If it means valid for PD portability - that is most likely a "yes" (Please confirm) ELSE
B) If it means valid for I-485 filing then I am not entirely sure - please answer this, if possible, for the 4 cases below
1) When the beneficiary gets back into employment with same petitioner (employer) at the same place
2) -------,,---------------- ,, ------------------------ ,, ---------------- but different geographical location.
3) When the beneficiary gets into a similar position but with different employer (but same State)
4) ---------,,------------------,,--------------------------------,,---------- but different location/State.
What if the MTR couldn't be filed (due to lapse of deadline) and I-485 is denied due to "abandonment"? (i.e. not related to I-140).
I have seen that in such cases USCIS letter generally states in the denial letter that "However you can re-file with a new processing fee" Which I would infer as I-140 being considered still valid.
Moreover USCIS site for I-140 also shows as "approved" and hence I would consider that valid for keeping priority date.
It is however not clear from the question above that, what is meant by underlying I-140 still valid (?).
A) If it means valid for PD portability - that is most likely a "yes" (Please confirm) ELSE
B) If it means valid for I-485 filing then I am not entirely sure - please answer this, if possible, for the 4 cases below
1) When the beneficiary gets back into employment with same petitioner (employer) at the same place
2) -------,,---------------- ,, ------------------------ ,, ---------------- but different geographical location.
3) When the beneficiary gets into a similar position but with different employer (but same State)
4) ---------,,------------------,,--------------------------------,,---------- but different location/State.
If an I485 is denied in this situation it is possible (generally) to file a Motion To Reopen(MTR) the decision with proof of eligibility.
Sorry the question below was not just addressed to angela20 only but to any and all experts. ginnu, agnelson, et al. please respond to the question. It will be really appreciated. I know a couple of people who are in this situation.
What if the MTR couldn't be filed (due to lapse of deadline) and I-485 is denied due to "abandonment"? (i.e. not related to I-140).
I have seen that in such cases USCIS letter generally states in the denial letter that "However you can re-file with a new processing fee" Which I would infer as I-140 being considered still valid.
Moreover USCIS site for I-140 also shows as "approved" and hence I would consider that valid for keeping priority date.
It is however not clear from the question above that, what is meant by underlying I-140 still valid (?).
A) If it means valid for PD portability - that is most likely a "yes" (Please confirm) ELSE
B) If it means valid for I-485 filing then I am not entirely sure - please answer this, if possible, for the 4 cases below
.. 1) When the beneficiary gets back into employment with same petitioner (employer) at the same place
.. 2) -------,,---------------- ,, ------------------------ ,, ---------------- but different geographical location.
.. 3) When the beneficiary gets into a similar position but with different employer (but same State)
.. 4) ---------,,------------------,,--------------------------------,,---------- but different location/State.