Hi my husband's company filed an EB1 EA petition in 2008 at Nebraska. However in between the company changed the lawyer. The new lawyer mention that the petition should have been filed under EB1 - OR category. We received an RFE in March 2009. The response was sent in April 2009 and we received a denial in may2009. Please let me know how we can proceed? Do we need to file a petition again in EB1 OR? If yes what are the chances of approval? Can the pending I485 be tied to the new I140?

Thanks.

On denial of the underlying I-140, the concurrently filed AOS, EAD and AP are all denied. File again as the denial is not with prejudice against a subsequent filing.

As the EB-1 OR category is completely different than EA, if your husband qualifies, the case should be approved. Good luck.