You can take the appeal to the next level...but should re-apply for I-140 as well. In the past, I have been sucessful in overcoming the ability to pay issue by showing the personal asset of the owner.

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We do not really know your case but we have a matter with a client who encountered a similar situation. Under the circumstances, we filed an Appeal of the I-140 denial and we also refiled the I-140 and we also then filed the (beyond the 6th year) H-1B. Also, you may also be able to shift to another nonimmigrant visa but that analysis would depend upon your background and if you are still maintaining H-1B status.

You can file a new I-140, but you will have issues come expiration of the H-1B. You need advice to determine alternatives. The I-140 is dead, unless AAO made a huge error, which probably is not the case. Ability to pay is a huge issue these days. The only other choice would be to sue in federal court. Contact me for real representation, real truth. My email is alice@yardum-hunter.com. My website for information on my practice is www.yardum-hunter.com. Sincerely, Alice