I-140 withdraw

[gcmails]

I recently got EAD, but not yet used it and I-140 and I-485 are pending.

Will there be a situation where a company can withdraw I-140 at any time and use labor for some other person as substitute labor.

What are the consequences for both me and for employer when employer pulls I-140 and I-485.

 

[jllag1]

I recently got EAD, but not yet used it and I-140 and I-485 are pending.

Will there be a situation where a company can withdraw I-140 at any time and use labor for some other person as substitute labor.

What are the consequences for both me and for employer when employer pulls I-140 and I-485.

From your post, it seems like you are either on H1/L1 status. If your employer withdraws the I-140 before its approval, you are SOL. You need to promptly find another employer where you can transfer your H1 and who can file another labor cert for you (if in that category). But if your company withdraws your I-140 after its approval and your I-485 has been pending for more than 180 days, you can use AC21 law to continue your AOS. On the other hand, if you qualify for a non labor cert AOS like NIW, you sometimes do not need employer sponsorship for AOS, you can self petition yourself.