You may benefit, if you/your petitoner is in New York, Connecticut, and Vermont
Go to this site
http://www.immigration-law.com/
and read the following law's impact on your situation.....it may help you.
(this is posted in the breaking news archive section of this site). I have copied it below verbatim.
09/11/2004: State of Law on Revocability of Approved I-140 Petition
Under the Section 1155 of the immigration statute (INA), USCIS cannot revoke the approved I-140 petition unless the following conditions are met: (1) It has a good and sufficient evidence; (2) Notice of revocation is mailed to the petitioner (employer) and communicated to the alien beneficiary by the U.S. Secretary of State (3) before the alien commences the journey to the United States. Accordingly, the USCIS can revoke the approved I-140 petitions if the alien still resides outside of the U.S. by giving notice before the alien departs for the U.S.
Question remains "what happens if the alien is already in the United States?" At this time, there are two separate laws depending on the jurisdiction of the petitioner. In all jurisdictions (states) other than New York, Connecticut, and Vermont, the governing rule is the decision of the Board of Immigration Appeals, called In re Vilos, 12 I&N Dec 61 (BIA 1967) (
http://www.usdoj.gov/eoir/vll/intdec/vol12/1692.pdf) , which states that the agency can revoke the approved I-140 petition if the agency have given a notice of revocation even if the alien is already in the U.S. on the theory that otherwise the approved I-140 for the aliens who were already in the U.S. would be irrevocable for good.
However, this BIA decision has no effect on the approved I-140 petitions for those alien beneficiaries who are already in the U.S. because of the decision of the U.S. Court of Appeals in the Second Circuit that covers New York, Connecticut, and Vermont on August 2, 2004 that for the aliens who are already in the United States, unless such notice was already given before the alien entered the U.S., the approved I-140 petition is not revocable. The name of the case is Firstland International, Inc. vs USINS (
http://caselaw.lp.findlaw.com/data2/circs/2nd/036139p.pdf).
There are two separate rules or laws because under the laws of the United States, the decision of the U.S. Court of Appears in a given circuit binds only the states within its jurisdiction. Accordingly, until the U.S. Court of Appeals in other jurdisctions agree with the Second Circuit in the future litigations, the law that will govern the USCIS in revocation of the approved I-140 petition will remain the BIA decision, In re Vilos from the perspectives of the USCIS.
Unfair to the people residing in the states other than New York, Connecticut, and Vermont? True, but that is the law. This has been a way of life in this country in legal business all along since in lots of cases, the courts in different jurisdictions have rarely agreed each other when it comes to the hair-thin specific rules and laws!