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I believe if I-485 and employment-based I-140 are filed concurrently and the I-140 is rejected, the I-485 will also be denied.
However, I have heard that if another I-140 (different category) for the same petitioner is pending when the original I-140 is denied, the I-485 can be transferred on to the new I-140 by the USCIS. Is this correct? Is it done automatically or is there a requesting process?
I asked this question here previously but did not get an answer. Thanks!
However, I have heard that if another I-140 (different category) for the same petitioner is pending when the original I-140 is denied, the I-485 can be transferred on to the new I-140 by the USCIS. Is this correct? Is it done automatically or is there a requesting process?
I asked this question here previously but did not get an answer. Thanks!
