Immigration Issues/I-485


My company filed for my I-140 on EB-2 category based on my approved labor cert. Consequently, it also filed for change of status, I-485. Everything was done and after receiving our EAD etc, my I-140 wwas denied due to technicality (wrong interpretation by the reviewer according to my lawyer) My lawyer says its not good to appeal because it will likely be denied so my company again applied for I-140 based on EB-3 category. My question is, if my new I-140 will be approved, and the visa availability becomes current, can I re-use my filed I-485? Is the work permit for my wife still valid? My lawyer is at the same time re-filing for a new labor certification and she says that once it got approved, we will try again for an EB-2 category. Can two application be done at the same time? Is that applicable?

Re-using the I-485 would take some doing. So I would suggest that you file the I-485 again with the new I-140. I am not sure about the refiling of the I-140 under EB-3, since I do not know all the facts. And to answer your last question, it is possible to have two I-140's pending at the same time.


Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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