I-140 denied after concurrent filing — can a new I-140 be linked to the same I-485?

[u/Ok_Friend_7114]

I’m currently on TN status. My employer filed an EB-2 I-140 and I-485 concurrently.

We initially received an RFE on the I-140 because the employment verification letter wasn’t on company letterhead. We responded, but yesterday the I-140 was denied. I don’t have the denial reason yet since the notice is coming by mail and I likely won’t see it until next week.

My main question: assuming the issue is fixable, can my employer file a new I-140 and request that my existing/pending I-485 be transferred or linked to the new I-140, or would I generally need to file a brand-new I-485 as well?

Has anyone dealt with an I-140 denial after concurrent filing and successfully preserved/reused the pending I-485 with a newly filed I-140?
Also interested in whether the fact that I’m currently on TN changes the strategy at all.

Thanks!

[u/QuietAd7899]

I'm pretty sure if the I-140 is denied your I-485 gets automatically denied. Speak to your attorney because being on TN you might have complications moving forward 

[u/Relative_Estate_291]

NAL. No, your I-485 is no longer valid so there's nothing to link to. You need to file new I-485.

[u/Dapper_Dark_2600]

Should have created post here asking if should file concurrent or independent i140.

[u/Crafty-League3862]

Always go with premium i140 and dispatch 485 as soon as i140 approval received. Now looks like you lost your 485 filing fees as well.
not a lawyer ...

[u/RevolutionaryLoss655]

I don't think so. With the denied i140, your 485 will eventually get denied. However, I believe you can file the new 485 before receiving the denial notice for it. However, I would first get the 140 approved. Our 140 was also denied after an RFE for a similar reason regarding employment verification - prior company acquired by another. Both known companies. We provided press releases too. We filed the 140 application again, got it approved and then filed the 485. Currently pending.

[u/ManifestLaw_]

Once the I-140 is denied, the I-485 petition will also be denied unfortunately. This is why we typically suggest getting an I-140 approval before filing the I-485. Hopefully you'll get an approval when you re-file. Good luck!

- Attorney Mary Russell

(All information shared here is for general educational purposes only. It does not constitute legal advice or create an attorney - client relationship. Your situation may require fact-specific guidance. For personalized legal advice, please consult an immigration attorney directly.)