I140 denial, can it be refiled ?


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If your I-140 is rejected in EB2 then you can refile new I-140 (same labor) in EB3/EB2 category. Off course language should be written in your labor such that your future job should be suitable for both EB2 and EB3 category.

You can appeal your I-140 decision but keep in your mind that if its EB2 then there is 27 months of delay in processing. For EB3 it will take 30 months to come up with AAO decision.

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