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LondonTown
05-21-2010, 02:04 PM
Hello All,

My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.

Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.

My questions are:

1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?

2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?

Please advise.

thomachan72
05-21-2010, 02:33 PM
Hello All,

My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.

Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.

My questions are:

1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?

2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?

Please advise.

How can you MTR for the 485 which was denied based on a denied 140? What were the grounds for denial? You might have to wait for the approval of the old 140 and then use that PD? You can port the old PD provided the older application is finally approved following the apeals. Just my 2 cents. Check with others/attorney.

LondonTown
05-21-2010, 02:50 PM
How can you MTR for the 485 which was denied based on a denied 140? What were the grounds for denial?

It was due to attorney's mistake.

anu_t
05-21-2010, 04:42 PM
Check with your attorney , But I 'm quiet sure that to to port the date your first 140 need to be approved. Since it is denied (although it is lawyer's mistake) you are out of luck.