MTR or file new 485

[ladybug17]

Hi,

I wanted to understand the rules and preferred route to take in the scenario below:

If you have an approved i 140 under the eb1c category. If you apply for a i485 that gets denied for a reason then what would be a better route to take:

1 ) File for a MTR

or

2) Can I file for a new 485 with same approved i 140?

- Would this be a faster route?

- Does the approved i 140 still hold good or do you need to go through this process all over again.

Thanks for your help.

[Belle]

This is very much depend on the reason for denial. Your approved I-140 remains valid. However, realistically speaking what kind of reason for denial there is out there that would make it easier to refile than to appeal? Being out of status? Then, you don't just refile - you leave the country, re-enter in a valid status, and then refile - assuming you are not under the 3/10 year admissibility bar. If it's something else, like criminal or security grounds, you might not make sense to do either.

[tusharvk]

140 is approved; but 485 may get denied. Any specific issue that you see why that may happen?

[pontevecchio]

What is the reason?

[Alexandre]

my Mtr got approved 15 days after i submited

what reason reason my I485 got denied: mistake from USCIS

[pontevecchio]

Mistake from USCIS is not a reason. But it would seem to have been a minor technical error and good for you.