Each I-140 Petition is adjudicated on its own merits. A previously filed and withdrawn 1-140 will have no effect, as long as:
1. The employer will be able to meet its "ability to pay" requirement, which attaches from the day the PERM is filed and continues thereafter, until the beneficiary is admitted into LPR status, and
2. The alien -beneficiary can demonstrate, with the sporting documents attached to the I-140 petition that he or she does possess the education and/or job experience required for the permanent position offered.
Each new I-140 filing is a new opportunity, if you will, because a different officer looks at the petition, one that will likely not have the bias of the first officer and will have a more liberal. Attitude.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
It will probably have no effect but you should discuss this with the attorney filing it. We have no idea what the application included.
Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
It probably will have no effect on your new I-140, unless USCIS has questions about information you provided. You should discuss your situation with an immigration attorney.
www.gassonlaw.com - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.