My employer filed an I-140 for me as EB-1 in 2020 and got approved, but my I-485 was denied in 2022 because I was holding a conditional green card with an I-829 pending. I had to work outside the US for one year and had the I-829 application withdrawn, and I’m now back in the US with an L-1 visa. I have not changed my job title or employer.
My former attorney told me that I don’t need to re-file the I-140 because it’s always valid and it’s approved if I don’t change my employer or my job. I can also re-file the I-485. But my new attorney tells me I must re-file the I-140 because the I-485 was denied. I’m really confused about this. Do I have to re-file the I-140, use the previous one approved, and re-submit the I-485 directly?
Answers
Lynne Feldman
EB-5 Immigration attorneysIf you did not use the I-140, it should be valid unless revoked.
Bernard P Wolfsdorf
EB-5 Immigration attorneysIf only the I-485 was denied, then you do not need to refile the I-140 unless it was revoked.
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