I-485 filing when I 140 in MTR/Appeal - Please help!


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Depending on the reason(s) for denial of the I-140 and invalidation of the labor, you and your employer may want to do a backup PERM case while appealing the I-140 denial.

Typically, USCIS can only invalidate the Labor when there is evidence of fraud. If that is one of the allegations in your case, it may be wise to initiate the backup case to make sure you have a basis to get the green card down the road even if this case doesn't work out.

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