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Posted Dec 27th, 2011
I have labor certification and I-140 approved . My case was denied in 2009. May I use I-140 and
Labor certification to reopen case in 2 years.

Additional Details:
I have same work position. I got new H1B this year.
Legal Topic Area: Immigration in CA | 2 Answers

1st Answer

Much depends on the reason your 485 paperwork was initially denied. It is impossible to ascertain your options w/o reviewing the denied 485 paperwork.

You need to have an experienced immigration attorney review your approved labor certification, approved I-140 and denied 485 paperwork to determine whether new 485 paperwork may be filed, whether you may pursue immigrant visa processing and/or other options to continue with your green card process.

Regards,

Andrew M. Wilson, Esq.

Serotte Reich Wilson, LLP

www.srwlawyers.com

awilson@srwlawyers.com


Answered on Dec 29th, 2011 at 1:20pm


Other Answers

Like my colleague, I assume you mean the I-485 was denied. However, it would be useful to know exactly what was denied. If less then 30 days have passed, you may be eligible to file a Motion to Reopen. This option could potentially be cheaper than a new I-485. However, consultation with an experienced immigration practitioner is advised.


Answered on Jan 4th, 2012 at 4:26pm