If you or your spouse has to rely on AOS benefits such as EAD to work or AP to return because you don't have non-immigrant status, you have no choice but to appeal or MTR in order to legally stay.
For NIW type, if you have no status problem, just refile another I-140, you lose PD, but it's easiler. People with LC based I-140 will be reluctant to start over (it's a lot of work and hassel), but self-petition NIW filers can easily start over (just file I-140 again)
For NIW type, if you have no status problem, just refile another I-140, you lose PD, but it's easiler. People with LC based I-140 will be reluctant to start over (it's a lot of work and hassel), but self-petition NIW filers can easily start over (just file I-140 again)
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