Understanding I-140 Withdrawal: A Guide for Employment-Based Immigration Applicants
Navigating the complexities of employment-based immigration can be challenging, particularly when it comes to understanding the nuances of the I-140 petition. One question many applicants have is: Can an employer withdraw an approved I-140? Let’s explore the details surrounding this question to provide clarity for those going through the green card application process.
What is Form I-140?
Before we dive into I-140 withdrawal, it’s important to understand what this form is. Form I-140, Immigrant Petition for Alien Workers, is a document submitted by U.S. employers to sponsor a foreign national for a green card. This form is a crucial step in the employment-based immigration process.
Can Your Employer Withdraw Your Approved I-140?
The simple answer is yes, an employer can withdraw an approved I-140. However, the implications of such a withdrawal depend on the timing and the circumstances under which the withdrawal occurs.
Timing Matters: The 180-Day Rule
One crucial thing to note is the 180-day rule. If your I-140 has been approved for at least 180 days, its approval remains valid for:
- Future employment-based green card applications
- Extensions of H-1B status beyond the normal six-year limit
This means that even if your employer decides to withdraw your approved I-140 after 180 days, it does not erase your ability to potentially adjust your status to that of a lawful permanent resident.
Consequences of I-140 Withdrawal Before 180 Days
If the withdrawal happens before the I-140 has been approved for 180 days:
- The USCIS may revoke the approval of the petition.
- The beneficiary may not be able to use the approved I-140 for extension of H-1B status.
- The applicant cannot retain the priority date from the withdrawn I-140 for a new petition.
What Happens After I-140 Withdrawal?
Understanding the immediate and future implications of an I-140 withdrawal can help you navigate this situation. Here’s what you need to know:
- I-485 Adjustment of Status: If you have filed an I-485 application for adjustment of status after your I-140 was approved, and it has been pending for 180 days or more, your application may still be processed even after the I-140 withdrawal.
- Change of Employer: You might be able to submit a new I-140 petition through a different employer, retaining the priority date from the original approved I-140 if it was not revoked.
Essential Actions Following Withdrawal
If you face an I-140 withdrawal, here are some important steps you can take:
- Consult an immigration attorney to explore your legal options.
- If eligible, consider filing a new I-140 petition with a different employer.
- Communicate with the USCIS if necessary, to resolve any status issues.
Resources for Further Assistance
- The USCIS Official Website: For official instructions and policies regarding Form I-140 (USCIS I-140).
- Immigration Legal Counsel: It is often helpful to consult with an experienced immigration attorney for personalized advice.
Conclusion
While an employer can withdraw an approved I-140, the effects of such a withdrawal hinge on the timing and your immigration status. By understanding your rights and options under employment-based immigration laws, you can better prepare for, and respond to, any changes that might arise during your green card application process. Remember, staying informed and seeking legal advice can prove invaluable on your path to U.S. permanent residency.
So there you have it, folks! Remember, an employer CAN withdraw an approved I-140, but don’t panic just yet. The timing and circumstances matter, and there are ways to navigate this situation. If you want to dive deeper into the world of immigration and get more insights, head over to visaverge.com. Trust me, you won’t be disappointed! Happy exploring!
FAQ’s to know:
FAQ 1: What is Form I-140?
Answer: Form I-140, Immigrant Petition for Alien Workers, is a document submitted by U.S. employers to sponsor a foreign national for a green card. This form is an essential step in the employment-based immigration process and is used to demonstrate that the applicant meets the eligibility requirements for a particular employment-based immigrant category.
FAQ 2: Can Your Employer Withdraw Your Approved I-140?
Answer: Yes, an employer can withdraw an approved I-140. However, the implications of such a withdrawal depend on the timing and circumstances. If the withdrawal occurs after the I-140 has been approved for at least 180 days, its approval remains valid for future employment-based green card applications and extensions of H-1B status beyond the normal six-year limit. If the withdrawal happens before 180 days, the USCIS may revoke the approval of the petition and the beneficiary may not be able to use the approved I-140 for an H-1B extension or retain the priority date for a new petition.
FAQ 3: What Happens After I-140 Withdrawal?
Answer: After an I-140 is withdrawn, the immediate and future implications vary depending on specific circumstances. If an I-485 application for adjustment of status was filed and has been pending for 180 days or more, it may still be processed even after the I-140 withdrawal. If you are changing employers, you may be able to submit a new I-140 petition with a different employer, retaining the priority date from the original approved I-140 if it was not revoked. It is crucial to consult an immigration attorney and communicate with the USCIS to understand the best course of action based on your situation.
What did you learn? Answer below to know:
-
True or False: Can an employer withdraw an approved I-140 petition?
a) True
b) False -
What is the 180-day rule in relation to I-140 withdrawal?
a) It allows an applicant to retain the priority date from a withdrawn I-140 petition.
b) It determines whether an I-140 withdrawal is permissible.
c) It enables an applicant to file for a change of employer after an I-140 withdrawal.
d) It allows an applicant to use an approved I-140 for extension of H-1B status beyond six years. -
What are some potential actions an applicant can take after an I-140 withdrawal?
a) File a new I-140 petition with the same employer.
b) Retain the priority date from the withdrawn I-140 for any future petitions.
c) Seek advice from an immigration attorney.
d) None of the above.
