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Case Stories
❌ EB-3 Skilled Worker (Nursing) Denied - Country Unknown PD 2023-03
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❌ **Case Status: Denied**
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An F1-visa nursing professional had their I-485 automatically denied after a concurrent I-140 was denied due to attorney error. The attorney failed to protect the I-485 during refiling, and a subsequent 290B appeal was also denied due to procedural failure. The applicant is now pursuing a second 290B appeal and I-539 reinstatement simultaneously.
An EB-3 nursing professional maintained F1 status for nearly 8 years before their employer initiated GC sponsorship. I-140 and I-485 were filed concurrently in March 2023. The I-140 was denied because the attorney omitted the required notice of filing. Upon refiling the I-140, the attorney represented that the I-485 was protected, but failed to secure that protection. USCIS never issued RFE or medical appointment notices. In August 2025 — 29 months after filing — the I-485 was denied as a consequence of the original concurrent I-140 denial. A 290B appeal was filed but denied within two weeks due to failure to present new facts. A second 290B and concurrent I-539 reinstatement request were filed, arguing attorney misrepresentation. The attorney has been reported to the state bar. No response received in approximately 8 months as of the post date.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1u4aspq/your_input_will_be_highly_appreciated/)**
*Source: Reddit I-485 EB*
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*This post was automatically curated from online sources to share real case experiences with the community.*
This case illustrates a critical procedural risk: when an I-140 and I-485 are filed concurrently and the I-140 is denied, the I-485 is automatically denied regardless of subsequent I-140 approval. USCIS policy requires the I-140 to be approved before or simultaneous with I-485 adjudication. When a refiled I-140 is involved, the I-485 must be explicitly re-linked or refiled. The 290B (Motion to Reopen/Reconsider) requires new facts or legal arguments — a general appeal without new substance will be summarily denied. Cases involving attorney malpractice can pursue reinstatement via I-539 with documented misrepresentation evidence. Similar cases should be aware that congressional inquiries only confirm 'processing normally' status and do not flag underlying errors. If you are in a concurrent filing situation and your I-140 encounters issues, immediately verify in writing that your I-485 is independently protected.