I have questions related to I-140 denial & refile.
My first I-140 got denied in Jul 2013 due to 'unknown' reasons to me, but I suspect it's A2P. After 2 years now they told me that they are refiling it and will not lose the PD if approved. They didn't ask any info from me. Now my questions are:
1) Is it possible to 'refile' I-140 with same old PERM after 2 years of first I-140 rejection?
2) How many times can we 'refile' I-140 on same PERM?
3) Can we do 'refile' under premium?
FAQ Transcript:
The rule is once PERM is approved the I-140 must be filed within 180 days. If you do not then your PERM is extinguished and you will have to start all over again. However if you file I-140 within 180 days and then for some reason you have to file again, then 180 day limit does not apply. Let me give you an example: Let us say you’re I-140 was denied, you filed it within 180 days and you forgot to submit an education evaluation or because of some technical reason or a serious reason such as the inability of the employer to prove that they have the capacity to pay your wages. You can file an I-140 three years down the line. You are no longer confined to the 180 day deadline because when the first time around when you filed you were confined to the 180 days deadline.
Now the answer to question 1: Yes.
The answer to question 2: No limit that I know of as long as it is done in good faith.
The answer to question 3: This is a tricky question. USCIS has said if you still have the original of the PERM and it has not been archived then they will take the premium processing only if they have the originals in their possession. If it was never submitted or if the case has been shelved they will not take premium processing.
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Comments
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Is this law still valid?
My I-140 was recently denied stating it was filing in wrong category. EB-2 instead of EB-3. Can I reapply just the I-140 and not restart from perm using this rule?
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Can I file a second I-140 after PERM expires
The policy is still valid.
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I140 refile
Hi, My original I140 was filed within 180 days before PERM expired. It was denied due to wrong EB category....My attorney keeps getting rejection letter for refiling. Rejection reason was needing a valid labor certificate. He did file with a copy of the PERM attach a cover letter to state the situation and provide the previously filed I140 receipt number. Does he need to select part 4 number 9 (original PERM was filed for another I140), part 4 number 10 (request a duplicate PERM from DOL), and part 2 number 2a (to amend a previously filed petition)? He didn't select any of those. I suspect this is the reason why it got rejected.
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I140 refile
I cannot second guess your lawyer's choices without reviewing your case. But legally, if the first I-140 was properly filed within 180 days, the subsequent I-140 can be filed and must be accepted by the USCIS even if outside 180 days from the PERM expiration.
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I 140 Refile in EB2
Dear Sir, I have an approved PERM with EB2 and filed I140 in Eb3 ( Since Eb3 (June 2015) was moving faster last year) and approved in 180 days. Now Eb2 dates are getting very close So I have requested attorney to file new I 140 in Eb2 and USCIS has erroneously rejected the case, citing that the petition needs a valid Labor certification couple of times. Now, My attorney team opened a service request to Lockbox support team to avoid rejection again and provided all supporting documents and awaiting for response. They don't want refile I 140 again as it got reject twice instead waiting for the lock box to provide guidance. Do you think anything else they can do ? Is this right thing to do? Can you pls advise.
Thanks, Ganga
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I 140 Refile in EB2
This will require some discussion. Please ask your lawyers again, or set up a consultation with us: https://www.immigration.com/our-fees
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Amended I-140 rejected
Hello, priority date Oct 2011. I-140 Eb2 approved. Then downgraded to eb-3 with I-140 amended (of eb-2). Recently pending eb-3 I-140 got rejected. And I-485 rejected. Is it possible to file new I-140 with same priority date oct 2011 (with previously approved labor certification copy) or I need to start from scratch like file again labor certification?
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Amended I-140 rejected
That depends upon the grounds of rejection. This will require some discussion. Please contact your lawyers, or set up a consultation with us: https://www.immigration.com/our-fees
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I140 refiled. H1B 7th year extension
Hi, Thanks for your reply above on 06/19. Now my I140 refiling is finally accepted by selecting part 4 number 9 (original PERM was filed for another I140). I am on my 6th year H1B (recapture time already used). Now I need to file 7th year H1B extension. My Perm was filed in 2020 and approved in April 2021. My question is.... Can I file 7th year H1B extension with initial I140 denied and refiling again? I am worried that USCIS might deny the same way they rejected my I140 refile previously.... Should I file appeal to the denied I140 so I can safely file H1B extension? Thank you.
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I140 refiled. H1B 7th year extension
This will require some discussion. Please contact your lawyers, or set up a consultation with us: https://www.immigration.com/our-fees
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180 days waiting period after second i140
Hi, My i140 was approved in 2014. I quit the company in 2018 and joined them back in 2020. This time they filed my i140 again as they had withdrawn previous i140. Do I still need to wait for 180 days period before I can switch my jobs?
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180 days waiting period after second I-140
I am guessing that you are seeking an answer to AC 21 portability. If yes, you should wait 180 days after your 485 is filed. There is more to it, but that's the bottom line.
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PERM approved after BALCA in 4 years - when to apply I140
My PERM applied in 2012 with EB3 went to BALCA and finally got the approval in 2017. but i swtiched the company by then and got a new PERM with EB2 in 2016 & 140 in the new company. Now in 2022 i joined back my old company, can i initiate I140 with the old PERM any way to capture 2012 priority date as its is current in EB3?
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PERM approved after BALCA in 4 years - when to apply I140
It looks like you are too late to file I-140. You have a 180-day deadline, and if I remember correctly, these rules were already in effect in 2017.
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Failed to apply I-140 within 180 days of Perm Approval..
Hi, Employer_1 failed to apply I-140 within 180 days of Perm Approval in 2013. Then I switched job and my Employer_2 filed my Perm and I-140 in 2017. If my Employer_1 willing to hire me and apply my GC, can my Employer_1 can claim\request the old PERM Date from 2013 on new Perm application. That way it saves lot of wait time. Thanks in advance. Please advise.
Thanks Sri
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Failed to apply I-140 within 180 days of Perm Approval..
No. If an I-140 filing does not follow a PERM within 180 days, the PERM expires.
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I140 denied. Perm expired
I filed my I140 with 180 days after Perm is approved. But after that, the I140 is denied and my Perm is expired. Can I fresh file I140 again the my expired Perm. Thank you.
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I140 denied. Perm expired
There may be a typo in your question. If the first I-140 was filed within 180 days of the PERM validity period, the second or subsequent I-140 can be filed outside the 180 days. No problem.
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USCIS denied my I-140 because I received a job promotion
Hi, after promoted me to a senior position of the same job, my employer filed an I-485J when they received the NOID on the I-140 petition but USCIS denied the I-140 anyway reasoning that the labor certification is only valid for the job opportunity expressed in Part H. Please help!
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USCIS denied my I-140 because I received a job promotion
This will require some discussion. Please get in touch with your lawyers, or set up a consultation with us: https://www.immigration.com/our-fees
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I140 Filing
Hi,
I have a situation as follows: 1. My PERM with EB3 category has been approved with company A with I140 pending. 2. Company A got acquired by company B. 3. I am in India because of my H1B maxout (with around 1.5 months remaining on my H1B). 4. Company B is saying that India Entity is not in successor in interest to company A whereas Us entity is and therefore the whole PERM process will have to re-start and this current approved PERM will be scarped off
In this scenario, What options do I have for re-using my existing PERM to file I140 .
Thanks
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PERM successor in interest
I do not know of any way to do this, unless there is some fine point I am missing.
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i140 update
my i140 under eb2 filed with A company in 2017, my Perm got approved. But I140 denied. Then I switched over to new company B, again PERM and I140 applied under EB3 and got approved in 2021.
HOw to retain my EB2 priority date for the latest approved EB3 i140..
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Priority Date retention if I-140 is denied
There can be no Priority Date retention if I-140 is denied - never approved.
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I-140 Refiling
Hello Sir, My perm got approved on Oct-10. My attorney filed for I-140 but got rejected for insufficient funds in January. Attorney re-filed in February got rejected due to insufficient funds again. My attorney is looking into what is going wrong with the insufficient funds. My question is does the 6-month deadline apply to my case as my case is getting rejected not denied?
I believe my 6 months end on April 1st. Please help me.
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I-140 Refiling
No problem. From what I can tell, you do not have a 180-day deadline any longer.
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I-140 Refiling
Thanks a lot Rajiv Sir. I was panicking because of this. It's strange that our filing keeps getting rejected for improper filing fee(personal check) but I'm glad that the deadline doesn't apply anymore.
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USCIS error
We have seen plenty of USCIS errors. Fortunately, we are still a Nation of laws, despite USCIS.
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