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Does My Sponsoring Employer Has to Withdraw My I-140 or Inform USCIS?

Dr. William:

My current employer filed the I-140 form for me under the EB1-Outstanding Researcher category about 2 months ago. Now, I have a better job opportunity. If I change job, does my sponsoring employer has to withdraw my I-140 or inform USCIS?

Answer:

Unlike the H1-B visa case, there is no requirement for the employer to notify the USCIS of termination of the employment or
withdraw the I-140 petition. Many employers do not withdraw I-140, after the alien beneficiary's employment termination. But in a Labor Certification case, the employer has a valid reason for I-140 revocation, because the certification job for the alien beneficiary is no longer valid.




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