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Immigration Issues/Recapture the priority date from denied i130

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Question
I filed for my brother in 2006 and than I moved so I forget to change address and when I check it my status online before 3 months it's said they send me some papers that was undeliverable so I chage my address and than did the erequest and than they send me email my file was denied in 2010. If I refile again i130 they can recapture old priority date from my denied form. Can u please give my answer what I have to do?

Answer
Unfortunately, since it was not a USCIS error, the I-130 petition must be filed again in the 4th family preference category. A new priority date will be established upon receipt; you will not be able to recapture the old priority date. Information about the family categories is here: http://www.h1b1.com/practices/family-marriage-sponsorship/

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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