Question My first EB3 I-140 was approved but revoked after interview for I-485. It is on appeal with AAO. It was not revoked for fraud or misrepresentation. It was not revoked by the employer. After it was revoked, a new employer sponsored for EB3. New labor and I-140 was approved but PD is long way off. However the earlier PD is current. The previous PD was not request when applying for I-140 that was approved.
Can I apply I-485 now with previous PD that is current? If so what are the applicable regulations that can be cited?
Answer Dear Sak
Previous PD could have been requested while filing this new I-140 if the job is same or similar. You may still request the same if the job is same or similar with same wage rate; however, because previous I-140 was revoked (pending in appeal would not bestow any status) it may not impress upon the service - you can, though, request by sending a request letter to the Service with copy of previous LC.
You may also file your I-485 with explanation taking based on previous PD - but that is like taking a 50-50 shot (the service may or may not accept that.)
Please do consult an attorney in either situation.
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