Can employer cancel I-140 Approval ?

[AGC4ME]

I understand that once ur I140 is approved, you can change employers and still keep ur GC in progress. What if ur previous employer cancels ur approval ? Are u toast ?

 

[khodalmd]

Please read thread pertaining to AC21 portability act.

If your I 140 is approved and I485 is pending since more than 180 days, you can use AC21 portability and change job if it is same or similar.

After changing job you need to inform USCIS regarding change of job under AC21 portability. If your employer send application of revoking I40 before you inform USCIS, they will send you intent of deny. Than You have to prove that you have used AC21 portability.

The bottom line is even if employer revoke I 140, your I 485 will remain valid as long as you qualify for AC21 portability

Make sure; your I 140 approved, I 485 is pending since more than 180 days and new job is similar/same as of your labor certificate discription

 

[eromero]

i140+i485 180 days?

Hi,

How do you cound the 180 days of I485?, I just got I140 approved and I have not filled I485 because of retrogression (I am south american engineer).

Can I change jobs in my particular situation -and Keep the PD-?

thx

 

[GotPR?]

180 days starts on receitp date of I485.
As you can not file I485, it is risky to move now unless you are sure i140 will not be revoked. If your I140 is revoked, you lose PD and new PD is set to the date your new LC is filed on.

 

[Grandhipal]

What happens to the PD if the employee changes the employer after 180 days of filing 485 and then the original employer who sponsored for the 140/485 withdrew 140? If the employee doesn't start a new LC after changing the employers then what are the consequences?

180 days starts on receitp date of I485.
As you can not file I485, it is risky to move now unless you are sure i140 will not be revoked. If your I140 is revoked, you lose PD and new PD is set to the date your new LC is filed on.