I-140 revoked by the employer

[yigef]

Hi,
Say the I-140 is already approved.
Could it be revoked by the USCIS if the employer requests that?

Thanks,
Yigef.

 

[karns]

Originally posted by yigef
Hi,
Say the I-140 is already approved.
Could it be revoked by the USCIS if the employer requests that?

Thanks,
Yigef.

If I-485 has been applied and pending for atleast 180 days then according to new guidelines, your I-140 can not be revoked provided you have a offer for a similar type of position

 

[yigef]

Thanks much!!!

 

[yigef]

Thanks much!!!

 

[weShallOverComeSomeDay]

My understanding is as follows:-

The employer can withdraw the application before the I-140 is approved and there is nothing preventing employers to revoke the I-140 application even after the I-140 is approved.

However, at the time of revocation there is no impact on the employee sponsored Green Card application provided the I-1485 application has been pending for at least 180 days...There is no guidance from the BCIS what happens to the labor application which was used (if used) for I-140 application. Most probably, I believe this labor should not be allowed to be reused.

re similar type of position is irrelevant to I-140 application is revoked or not. According to 245i, I-485 application is portable (to a different employer) if the future/current job has similar job code. There is no mention of the salary requirement.

If I-485 has been applied and pending for atleast 180 days then according to new guidelines, your I-140 can not be revoked provided you have a offer for a similar type of position

 

[yigef]

To vxmehra98,
Let me see if I understand what you wrote, regardless the I-140 case status (revoked or not) or (approved or not), does it mean you can work for a different employer once the I-485 is on pending for more than 180 days!?[...assuming similar position...]

Please clarify..
Thanks, Yigef.

 

[weShallOverComeSomeDay]

I never said 245i allows an employee to switch employers safely without having approved I-140.

There is a technical distinction between revoking I-140 and withdrawing I-140 application. Employers can only withdraw pending I-140 application and can only request revocation of the approved I-140 application.

The second paragraph in my previous response covers only the scenario in which employer make a request to revoke the I-140 application (approved application) and I-1485 has been pending for more than 180 days.

Hope that helps.

Originally posted by yigef
To vxmehra98,
Let me see if I understand what you wrote, regardless the I-140 case status (revoked or not) or (approved or not), does it mean you can work for a different employer once the I-485 is on pending for more than 180 days!?[...assuming similar position...]

Please clarify..
Thanks, Yigef.

 

[yigef]

vxmehra98,
Thank you a lot.

 

[worldcitizen]

Originally posted by yigef
vxmehra98,
Thank you a lot.

If ur employer revokes your 140 petition(even if its approved), dont u think ur GC petition will become void?
I thought 140( Immigrant application for Alien Worker) is the core of a GC petition.

Pls clarify

 

[dancefanatic]

it gets messy if and when the employer tries to revoke the I140.... some lawyers state that the I140 cannot be revoked. Some say that it can be revoked, but can be challenged...