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How a Job Change May Impact My Approved Form I-140 Application? |
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William, My employer sponsored Form I-140 application was approved about 2 months ago, can I change job now? How a job change may impact my approved Form I-140 application? and can my employer revoke the approved Form I-140 application? Answer, Changing jobs with an approved I-140 generally allows you to retain your priority date, but the impact depends on the timing of your I-485 filing. If your I-485 has been pending for 180+ days, you can "port" (switch) jobs, provided the new role is in a same or similar occupation. If you leave before this, the employer may revoke the I-140. Ordinarily, the I-140 petitioning employer may send a withdrawal notice to the U.S. Citizenship and Immigration Services (USCIS) at any time. However, once 180 days have passed following approval of the Form I-140 petition, the USCIS will not revoke the I-140 petition solely based on the petitioner’s request for the withdrawal of the petition. If the USCIS receives the employer’s withdrawal request within 180 days of the I-140 petition approval, the USCIS will revoke the approved I-140. In this situation, the I-140 beneficiary still gets to retain the priority date, unless the revocation was determined to be due to fraud, willful misrepresentation or material error by the USCIS, or the underlying labor certification was invalid or revoke Leaving before 180 days (or before filing) usually means you lose the ability to port, the original employer may revoke the I-140, and you must start the green card process (PERM and I-140) over with a new employer. You can change employers without losing the benefits of the approved I-140. You must ensure the new employer, if applicable, provides a similar job offer. Even if the old employer withdraws the I-140, you can usually retain the priority date from the original petition for a new petition. |
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