Dr. William:

My employer filed I-140 and I-485 applications for my Green Card more than three months ago. If I want to change employer later for some reason, what the consequence will be if my current employer withdrawals the I-140 petition thereafter? 

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A:

According to an USCIS previous memo, if the I-140 petition has been approved, then the approved I-140 petition remains valid even if the original sponsoring employer requests its revocation, as long as the I-485 application has been pending at least 180 days at the time of the withdrawal. For the I-140 and I-485 applications, 180 days of I-485 pending are accruing time toward the 180 days while the I-140 is pending, as long as it is finally approved.

If the I-140 is revoked prior to the 180-day of I-485 pending or prior to approval of the I-140 petition, then the I-140 petition is no longer valid, and the I-485 will have no basis for approval under AC21. But if USCIS finds fraud, the adjudicating officer will deny the I-140/I-485 immediately.

 

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