140 Denied, then re-file got RFE sooner than it should


fulash

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I had my 140 filed, and 2 months later 485 filed for concurrent processing.

 

But soon after 485 filing, my 140 was denied due to error in the form. Attorney said 485 will not be denied if we refile within 33 days.

 

New 140 was filed with NSC last month. Their processing time is 4 months, but I got RFE last week. Why would they pick my application sooner?

 

Another separate question: I might be getting my EAD/AP in 10 days. Is it risky to travel on that? What would happen while I am travelling and adjudicator sees my older denied 140 and denies my 485 without noticing the new one?

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