What happens if my I-140 is denied?

I-140
January 01, 2026
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Answer

If I-140 is denied:

  • You can file motion to reopen/reconsider (MTR) within 30 days
  • Or appeal to Administrative Appeals Office (AAO)
  • Or refile with corrected information
  • Your H-1B status remains valid (if you have one)

Common denial reasons: Insufficient evidence, degree equivalency issues, employer ability to pay. Work with attorney to address concerns.

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