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Can My Employer Revoke its Form I-140 Petition?


The answer is "yes," an employer can withdraw an approved Form I-140 under certain time-sensitive circumstances related to the filing of a related Form I-485. Generally, foreign nationals seeking an employment-based green card are sponsored for their green card by an employer. The employer files a Form I-140 on behalf of the potential employee, and the potential employee files a Form I-485. An employer can revoke (or withdraw) its Form I-140 petition within 180 days (six months) after approval or alternatively, if an I-140 is approved, was filed concurrently with a Form I-485 has been in process with the immigration services for 180 or more days.

As a matter of practice, however, even if the employer is not allowed to revoke their Form I-140, but the employee is no longer working or plans to work for that employer, the green card seeker should start searching for a different job and a new employer to file a new Form I-140. For best results, the new job should have the same or a similar occupational classification. If a potential employee finds a new employer, and the position is “substantially similar”, the applicant will retain their priority date on their I-140.

There are other circumstances where a Form I-140 is automatically revoked/terminated. This can happen if:

  • The Form I-140 employer is a natural person and the Form I-140 petitioner dies, such as in scenarios of domestic workers
  • The employee/applicant dies
  • The labor certification of the employer lapses or is invalidated for any number of reasons

What Happens if an Employer Tries to Revoke an Approved I-140 Petition After 180 Days?

Generally speaking, an employer cannot revoke an I-140 after 180 days. As long as the green card seeker has a new employer with a substantially similar occupation, USCIS will continue processing the Form I-485 and allows the applicant/employee to seek a new job and a new employer to file a new Form I-140 under AC21. This rule also applies if the employer goes out of business more than 180 days after approval of the Form I-140. Again, the approved Form I-140 will continue to be valid (unless revoked by the immigration services for other reasons). Likewise, this allows the continued processing of the Form I-485 and allows the applicant/employee to search for a new job/employer.

What if My Form I-140 Petition is Revoked/Withdrawn?

In simple terms, you will need to find a new job and a new sponsoring employer. As noted above, for the best results, your new job should have the same or a similar occupational classification.

Contact Yekrangi & Associates Today

For more information, contact the Orange County Immigration Attorneys at Yekrangi & Associates today. You are not alone, and we will fight for you. Yekrangi & Associates works to meet a higher standard. Our first goal is your satisfaction. Contact us at (949) 478-4963 to schedule a consultation or complete our convenient “Get Your Consultation” form here. We are located in Irvine, California.


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