While I140 on appeal - Is this allowed?

[k_hsemar]

Hello There,

I know most of you sailing in the same boat - my I-140 apeal (290B) is pending past 2009.

Is it possible to file a new I-140?

Appreciate your comments?

[k_hsemar]

Thanks for the comment omshiv.

My I-140 was denied due to the "ability to pay" and its due more than 24 months now.

So though of looking for an options.

Once again, wanted to make sure while my I-140 is on appeal past (24+ months), is it possible to file a new I-140 with right documents?

Please comment your views.

[Attorney_9]

Generally USCIS will not approve a new I-140 where there is a pending I-140 appeal through the same employer, even if the two cases are for different positions. Frequently the USCIS will request in such cases that the employer either request the appeal withdrawn or that the new case remain pending until the appeal case is decided.

Please note that if you have an appeal pending with the same employer you can not file a subsequent I-140 with premium processing.

[on_h1b_since_1998]

Originally posted by Murthy Law Firm Attorney 9:

Generally USCIS will not approve a new I-140 where there is a pending I-140 appeal through the same employer, even if the two cases are for different positions. Frequently the USCIS will request in such cases that the employer either request the appeal withdrawn or that the new case remain pending until the appeal case is decided.

Please note that if you have an appeal pending with the same employer you can not file a subsequent I-140 with premium processing.

I have been in the same situation where my I-140/I-485 was concurrently filed in 2007. I-140 was denied and was appealed and has been in that status since 2008. The same employer applied for a new case, labor was approved in Jan2010. Attorney applied for I-140 in Feb(regular not premium) and was approved in 1 month in Mar. and I was able to re-capture my old 1999 PD. The online case status still shows "Initial Review" but attorney has provided me with the approval notice copy which also has the A# matching with the I-485 filed in 2007. As 1999 was current attorney did an interfile in Apr.(new 140 with pending 485) and it has been pending since almost 16 months now. I did see LUD's in Apr. 2010 on 485 and new 140 when interfile was done. Now with no activity for so long I am not sure if USCIS is holding on to it pending the outcome of the appeal or has not successfully been able to interfile which may clear the case instantly. Is there anyway to check this? This is EB3 category.

[on_h1b_since_1998]

Hello,

Just an update on my case. I got my GC last week. I asked my attorney to withdraw the AAO appeal on i-140 that was filed back in 2008. The withdrawal was initiated in Aug and AAO replied back to USCIS in Sep after this the pending 485 was assigned to an officer and on 11/16 485 got approved.

I ported Eb3 1999 date from my old case and interfiled my latest i-140 with the pending 485 that was filed in 2007. I can provide more details if required.

[sarz]

Hello,

My 140 was denied due to missing audited financial statements. My employer received an RFE prior to denial and he fulfilled every single requirement, and they still denied it because audited statements were not there and they didnt ask for that in the RFE.

My employer filed for MTR (not appeal) and it has been 5 months but no response. Can any one give me rough idea how long it takes for them to respond on MTR case.

Appreciate the response.