Legal Question in Immigration Law in California
Green card
Would like to know how many times can I reapply for PERM if I were rejected? How many times can I reapply for I-140 & I-485 if I were rejected? What would happen to my H1-B (which is still valid for 3 years)? Appreciate any advice. Thank you.
6 Answers from Attorneys
Re: Green card
Theoretically, one can apply again and again for adjustment of status (I-485), but as a practical matter after two or three denials, things begin to look suspicious because you must have some serious inadmissibility grounds preventing you from being approved. I see this sometimes with people who try to do their own paperwork but eventually wise up and hire an attorney expert in immigration matters.
Larry L. Doan, Esq.
Re: Green card
there is no limit that I am aware of for filing a PERM case. I also no of no limit for as far the number of times you may file an I-140/I-485 either. nothing should happen to your H-1B, if the case is rejected either. Unless, of course, there is a finding that you violated your H-1B status somewhere along the way and they initiate a revocation of it.
Feel free to contact my office for a consultation. the initial appointment is just $80.
408.293.2026
Re: Green card
Nothing will happen to you H1B.
www.amyghosh.com
Re: Green card
Nothing will happen to you H1B.
www.amyghosh.com
Re: Green card
Unfortunately it's really difficult to tell you. There is no pre-set number of times you can apply, however because of things that could occur in a case, it would be not just a waste of time but perhaps even malprdactice to apply over and over again. However, that doesn't mean that under certain circumstances, multiple PERM applications and I-140 and I-485s in an indefinite number cannot be filed.
I just got approved a very difficult case where client had an approved LC but denied I-140 from years ago. I filed a new I-140, without any labor certification as the basis at all (didn't use the old approved one or apply for a new PERM) and got that case approved. It was the first time my client cried during the course of his 18 year marriage, he was so happy.
For more information, write to me at [email protected] or check me out at http://www.yardum-hunter.com.
Sincerely,
Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization
Re: Green card
Your matter is complex, because of multiple denials can they be fixed or not and you should get an attorney. If you are located in Orange, San Diego or Imperial Counties, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.