Important Notice: Our web hosting provider recently started charging us for additional visits, which was unexpected. In response, we're seeking donations. Depending on the situation, we may explore different monetization options for our Community and Expert Contributors. It's crucial to provide more returns for their expertise and offer more Expert Validated Answers or AI Validated Answers. Learn more about our hosting issue here.

After the denial of I-140 petition, can I appeal it to AAO and refile the I-140 again at the same time?

April 26, 2017aao appeal denial i-140 petition refile time

0

Posted

After the denial of I-140 petition, can I appeal it to AAO and refile the I-140 again at the same time?

1 Answer

0

Posted

A single certified Labor Certification application cannot support two I-140 petitions, particularly when the petition is denied and appealed to AAO. For this reason, the USCIS requires that the petitioner first withdraws the appeal which is pending at the AAO, in order to re-file I-140 petition. Otherwise, re-filing of I-140 petition will be denied. Once it is withdrawn, the USCIS Service Center will accept the withdrawal letter, and send it to AAO as evidence of withdrawal.