QUESTION
Advice Needed: I-140 and I-485 Denied, Next Steps?
Asked on Dec 02nd, 2024 on Immigration - Massachusetts
More details to this question:
I’m seeking advice on the best course of action regarding my immigration situation. My I-485 application (including my wife’s) was declined recently. I found out that my I-140 petition was denied, though I wasn’t informed about the denial initially. I haven't been told the exact reason, but I was told the reason was related to my employer’s tax filings. My attorney has already filed an appeal for the I-140 denial with additional evidence. He believes there’s a good chance the denial will be overturned. As a backup, he has filed a new PERM application, factoring in the time left on my H-1B (till Nov 1, 2026). Questions: - How long does the I-140 appeal process typically take? Has anyone here had success with such appeals? - What is the expected timeline for a new PERM application to be approved? - If the appeal is denied, and the new PERM is still pending, should I consider requesting my attorney to file a new I-140 next year regardles
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Most classes of appeals to the Administrative Appeals Office are being completed within six months. As a general question, many law firms including ours have had success with I-140 appeals. From the time that a PERM application is begun, an approximate time for an adjudication in a case that moves normally is two years. To your question of whether you should consider requesting your attorney to file in an I-140 next year if your new PERM is still pending and your appeal is denied, I cannot give an answer as I do not know your situation well enough to comment. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Dec 06th, 2024 at 2:52 PM