I-485 denied after re-file I-140. It was not linked

Hi.

Case sumary:
EB2-NIW.
I-140 concurrent filled with I-485.

I-140 was denied.

I re-filed I-140. It was requested the link with the I-485 pending (that is not quite easy or realistic).

1 month after it, the I-485 was denied.

Anyone had this experience?

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Hello Renato,

I was wondering if you have any updates regarding your case. I had my I140 denied recently and I am intending to refile a new I140 but worrying about the I485.
Thanks

Hi Emmily.

No answer so far.

Attorneys can give you the best advice since each case is different.

No problem.
Of course I already have my lawyer. I was just trying to learn from someone else experience.
Thanks
Have a great Thursday!

I refilled and sent out a motion to reopen the I-485.

It’s been 75 days since they received the motion. There’s no timeline for it. I saw cases reopened with 45 days, but you know…

I had mine denied too after had been requested something called RFE (request for evidence).

My attorney opted for the motion to reopen / motion to reconsider (in June 2019). This week I received the very first update saying that my case got transfer to another jurisdiction: so hopefully will hear from them soon.

I hope yours don’t take too long and that you both receive a positive answer!

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That’s good news ! My I140 was denied after RFE as well. We are sending the appeal this week. I am just affraid about the I485 also being denied . Hopefully it will be not denied . Are you guys planning to do a refile ( a new I140 petition)?
Thanks for sharing

The I-485 needs to have an underlying petition (that it’s the I-140 in my case). If your I-140 is denied, your I-485 will not have any more an underlying petition and it probably will be denied. If you have another petition and request the link of your I-485 with it, it can work.

My I485 case was reopened today.

My motion to reopen (regarding my I-485) was approved after 102 days.

My first I-140 (EB2-NIW) was denied and I reapplied the I-140.

The motion to reopen my I485 basically asked immigration to link the I-485 with the new I-140.

It worked.

That’s great news ! Have you heard about your I140 ?Thanks

Nothing regarding it. It was received on May. I believe it will be analyzed between February and June.