Advice Needed: I-140 and I-485 Denied, Next Steps?

Question

I’m seeking advice on the best course of action regarding my immigration situation. My I-485 application (including my wife’s) was declined recently. I found out that my I-140 petition was denied, though I wasn’t informed about the denial initially. I haven't been told the exact reason, but I was told the reason was related to my employer’s tax filings. My attorney has already filed an appeal for the I-140 denial with additional evidence. He believes there’s a good chance the denial will be overturned. As a backup, he has filed a new PERM application, factoring in the time left on my H-1B (till Nov 1, 2026). 
Questions: 
- How long does the I-140 appeal process typically take? Has anyone here had success with such appeals? 
- What is the expected timeline for a new PERM application to be approved? 
- If the appeal is denied, and the new PERM is still pending, should I consider requesting my attorney to file a new I-140 next year regardles

James L. Arrasmith · Answer

Your situation is complex but not uncommon in employment-based immigration cases. While tax-related I-140 denials can be challenging, having your attorney file both an appeal and start a new PERM process shows good strategic thinking to protect your status. 
 
I-140 appeals typically take 6-18 months for USCIS to process, though timelines can vary significantly. Many successful appeals involve providing additional documentation to address specific concerns raised in the denial notice, so it's promising that your attorney has already submitted new evidence. The dual-track approach with a new PERM application is wise, as PERM processing generally takes 8-12 months under normal circumstances. 
 
Given your H-1B validity until November 2026, you have time to pursue both paths. You could reasonably wait to see the outcome of the I-140 appeal before deciding whether to file another I-140 based on the new PERM certification - this would help avoid unnecessary filing fees while maintaining your status. However, if the appeal process extends beyond 6-8 months, you might want to proceed with a new I-140 filing once the new PERM is approved to ensure you have enough time to complete the green card process before your H-1B expires.

Q: Advice Needed: I-140 and I-485 Denied, Next Steps?