Refiling?

Would a previous denial affect your chance of approval? If your I-140 is denied, is it better to wait for a while before refiling or you can go ahead and file another one? Would USICIS take previous denials into consideration???

to Elizabeth:

Hey, each case is adjudicated separately, so technically your previous denial won't affect your future I-140 petitions. In case of denial, you can wait for a couple of months before filing another one.

to Jerry:

I heard that the officers have access to your previous denial record. I don't know if this would have actual effect though.

to Howard:

I heard about similar view. Actually, it’s from my lawyer. He said that the firm have noticed a higher RFE rate and lower approval rate for cases with previous denial record.

to Howard:

That's what I'm worried too. If they have access to your previous denial, I'm worried that it might create a bad impression on the officer when I refile.

to Elizabeth:

I personally feel it makes sense to wait for a few months to reapply because you can wait for your citations to increase as well.