I 140 Denied after applying AC 21. my options


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This is my case info: 
I have applied my i 140 with employee A on Jan 2007 and was approved on April 2007 and 485 was also applied in July 2007 . Later,I have moved to employee B in 2005 and was in good terms with my previous employee.In the Feb of 2010, I have applied for AC21 through employee B .In the may of 2010 , based on ability to pay my i 140 was denied and appeal was also rejected in August 2012. 

I want to re-open my denied/ revoked i 140 as I was with employee B when I have received the rejection for i 140 . 

1. Does AC21 come into play . ? 

2. What are my options to re-open? 

3. Will I be able to use the i 140 priority date as is now? 

4. If USCIS have reopened my case , my children who are now older than 21 now will be considered.? (In 2007, they were under 21.) 

Any suggestions or comments are most welcome. 

need some help from user community 
(i am in contact with an immigration lawyer) 

Thanks for reading 

Have a good one !

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  • 4 weeks later...

USCIS does not generally allow an I-140 beneficiary to appeal / challenge the denial of an I-140 Petition. To do so, you would have to go to federal court to challenge the denial. When the beneficiary needs the I-140 approved for AC21, then there is likely a better chance for convincing a court to hear the I-140 challenge from the beneficiary. If the I-140 petition denial is reversed and ultimately approved, then the entire time from the filing of the I-140 originally to the ultimate approval is the full amount of time used to calculate a child's age under CSPA.


Murthy Law Firm has been handling AC21 and I-140 ability to pay issues for years including filing a challenge in federal court under AC21 in the U.S. District Court in DC. It is advisable to consult with an attorney who can evaluate the merits of a lawsuit as well as of the I-140 itself in advising you how to proceed.

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