Re-filing I-140

[LOJMJ]

Can you re-file the I-140 after it is denied if you present new evidence?

[LOJMJ]

Can you re-file the I-140 after it is denied if you present new evidence?

[passingby]

Please let us know why it was denied and the new evidence the you now have.

[LOJMJ]

I-140 was denied because petitioner did not provide evidence of ability to pay wages. Petitioner now wants to continue and provide W-2s, tax returns, etc. It is my understanding they will not accept new evidnce on appeal, but are we precluded from re-filing? Are there instances where you can re-file and others where you cannot?

[passingby]

Yes you can refile it with the evidence such as Gross Annual Income, Net Annual Income, US Corporate Federal Income Tax, or in the alternative Audited Financial Statement, Form 941, Federal Employer's Quarterly Report. You will need to disclose that it was denied before as required in question #6 in Part 4. Remember that the evidence needs to be from the time of filing to present. Hopefully you did not file your adjustment concurrently under 245(i)since you only get one bite of the apple.