Aprilfool2
Registered Users (C)
TO: my140denied
Hi, Here is what I saw online about Texas Center. I am not sure it would be the same for California or not. Just copy it here FYI.
If my I-140 is denied, can I appeal the denial to the AAU (Administrative Appeals Unit) and then file the same case again to INS?
In the past, I would have said “yes,” but according to the Texas Service Center, the answer now seems to be “no.” INS is now cross-referencing appeals and if they know an appeal is pending they will refuse to adjudicate a re-filed case in the same category. Furthermore, appeals at the AAU can now take three years, and with all Employment Based (EB) visas now current, the strategic reasons for appealing may be gone.
Hi, Here is what I saw online about Texas Center. I am not sure it would be the same for California or not. Just copy it here FYI.
If my I-140 is denied, can I appeal the denial to the AAU (Administrative Appeals Unit) and then file the same case again to INS?
In the past, I would have said “yes,” but according to the Texas Service Center, the answer now seems to be “no.” INS is now cross-referencing appeals and if they know an appeal is pending they will refuse to adjudicate a re-filed case in the same category. Furthermore, appeals at the AAU can now take three years, and with all Employment Based (EB) visas now current, the strategic reasons for appealing may be gone.