I-140 Denied can 2nd I-140 be applied within 30 days?


i40sf

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Posted

I-140 Denied

I got 7th year of extension based on pending labor EB3 with my current company and my H1 expiring in June 2014, Labor was denied. there is no scope of extension beyond June 2014.
PERM filing : June 2012
Audit : October 2012
Denial : April 2013

I also have approached another company last year and they have filed my Labor in EB2 as future employment and it was approved. Then they have filed I-140 but unfortunately it was denied last week.
PERM filing : March 2012
PERM Approval : May 2012
I-140 filing : Oct 2012
I-140 Denial : June 2012
Reason: Ability to pay, Future employer said as you are not under the pay roll. suggested for an H1 transfer and once I go under their pay roll they will be apply for an Motion to reopen of I-140.
I am planning for H1 transfer to the future company and then within the 30 days of denial of I-140 I heard an Motion to reopen can be filed.
Now my questions are once i get my h1 transfer and be on the pay roll of the future company

Is MTR only the option?
or can new or 2nd I-140 can be applied?
Does both of them MTR or New I-140 need to happen with 30 days of denial of 1st I-140?

My PERM approval is May 2012 and its valid for 180 days. I-140 was filed within that period and it was denied in June 2013.

what other options do i have ?
please suggest
thanks in advance

Posted

It is very frustrating and pain to be in this stage. please respond if anyone has any inputs or has gone through this stage.

 

thanks much

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