Hey,
On February 2018 my wife got the R1 visa approve until November 2019 (I got R2),
On July 2018 I start Perm process on the same nonprofit organization (Synagogue) on Groundskeeper,
On May 1,2019 the lower ask me what about the visa ext and i say to do it, after two mounts i ask again if they file it and they say that we should get my approve from the department of labor soon so it better to wait, on September 2019 I asked again about the ext and few days after the PERM was approved and we file my green card without to do the ext for r visa,
they lawyer said that i have a good chance and i can save money, On October 2019 they file on premium process the I-140 with I-485 and some other things probably, after week or to we got rfe for the i-140 that ask for ability to pay.
The nonprofit don have tax return or audit financial statements and they reply with bank statements (we tried to do tax return with the cpa but it was a problem and we didnt have more time so this is what they send). I also got the work permit and travel permit and ssn.
On January 2020 my I-140 was denied.
Few days after that we send the R1 ext on premium process and got rfe, one of the things they ask is about the status from November.
What should i do??
The lawyer need to blame himself and they maybe will approve that?
Or its maybe better for me to refile the I-140-I-485 under 245k to get legally status?
We have until May 2020 to answer this.