Understanding the 180-Day I-140 Protection Rule After Withdrawal

The 180-Day I-140 Protection Rule is one of the most important safety nets for workers in the U.S. employment-based green card process. It decides what happens if your employer has second thoughts and asks for your I-140 petition to be withdrawn, or even if the company closes. Knowing when this rule applies can protect your work status, your spouse’s work card, and your place in the green card line.

Core idea of the 180-day protection

The rule is simple in theory: once your Form I-140 Immigrant Petition for Alien Worker has been approved for at least 180 days, your rights change in a big way.

• After 180 days of I-140 approval, your employer can ask USCIS to withdraw the petition, but USCIS will not automatically revoke it.
• The approval continues to exist for important benefits, even if the petition is marked “withdrawn” in the system.
• The same protection can also kick in if your Form I-485 Application to Register Permanent Residence or Adjust Status has been pending for 180 days or more, even if the I-140 itself is still under that time mark.

USCIS explains the basic rules for employment-based petitions on its Form I-140 page, and those rules are the base for how this 180-day policy works.

When the 180 days start counting

The 180-day clock does not start when you file your I-140. It starts when USCIS approves the I-140 petition.

There are two main ways the 180-day mark can be reached:

1. Approved I-140 for 180 days
   • The I-140 is approved.
   • You count 180 straight days from the approval date.
   • After that date, the special protections attach.
2. I-485 pending for 180 days
   • You file your I-140 and I-485 together (concurrent filing), or the I-485 soon after approval.
   • Once the I-485 has been pending for at least 180 days, the protection applies even if the I-140 itself has not yet been approved for 180 days.

This detail matters for people who file everything at once when their priority date is current. It may let them reach the protection point faster.

You can find full instructions for the green card application step on the Form I-485 page, which explains when adjustment of status is possible.

What happens if the I-140 is withdrawn before 180 days

If your employer asks USCIS to withdraw your I-140 before the 180-day mark and your I-485 has not been pending 180 days, the impact is much harsher.

According to analysis by VisaVerge.com, in this situation USCIS will usually automatically revoke the petition. When that happens:

• You lose the ability to use that I-140 for:
  • H-1B extensions beyond the normal six-year limit
  • H-4 EAD work cards for your spouse
• You cannot keep using that specific I-140 to support your green card process.

However, you do keep one key benefit: your priority date. That means:

• A new employer can start a brand new green card process for you.
• You likely must repeat PERM labor certification and then file a new I-140 petition.
• When that new I-140 is approved, it can reuse the old priority date, so you keep your place in the green card line.

So, before the 180-day point, losing your job or having your employer withdraw the petition usually means starting over, but without going to the very back of the line.

Rights you gain after 180 days

Once the I-140 has been approved 180 days, or the I-485 has been pending 180 days, the 180-Day I-140 Protection Rule gives you several powerful and long-lasting rights.

Key takeaway: After 180 days, your immigration options and protections become significantly stronger — you gain portability, continued eligibility for H-4 EADs, and retention of your priority date.

1. Indefinite H-1B extensions
   • You may keep extending your H-1B status with any employer beyond the normal six-year limit, even if:
     • Your original sponsoring employer asks USCIS to mark the I-140 as withdrawn.
     • The original employer shuts down or goes out of business.
     • You change jobs multiple times in the future.
   • This is often called portability, and it frees you from being locked into one employer once you reach that 180-day safety line.
2. Ongoing H-4 EADs for your spouse
   • If you are on H-1B and your I-140 has the 180-day protection:
     • Your H-4 spouse can apply for and renew H-4 EADs (work cards) based on that I-140 approval.
     • This remains true even if the original employer later withdraws the petition.
   • For H-4 workers, the EAD is requested using Form I-765, Application for Employment Authorization.
   • The key point is that the underlying I-140 continues to “count” for H-4 EAD eligibility after 180 days, despite being withdrawn by the employer.
3. Priority date protection
   • You keep your priority date tied to that I-140 permanently, unless USCIS later revokes the petition for fraud, misrepresentation, or related serious reasons.
   • A future employer’s new I-140 petition can usually carry over that old priority date, which is vital in categories with long visa backlogs.
4. Job portability in the same job field
   • After 180 days, if your I-485 is pending, you often can:
     • Move to a new employer in a same or similar occupation.
     • Keep your green card process alive without starting from zero.
     • Continue with your adjustment of status based on the original petition, even though your day-to-day job has changed.
   • This is especially helpful in layoffs, mergers, or when you want to move to a better role within the same industry.

What employers cannot do after 180 days

Once the 180-day boundary has passed, many employers lose the power they might assume they still have.

• An employer cannot cause automatic revocation of an I-140 that has the 180-day protection by:
  • Asking USCIS to withdraw it, or
  • Ending your employment, or
  • Closing the company.

USCIS will only revoke such an I-140 in limited situations, such as:

• Fraud in the petition
• Material misrepresentation
• Invalid labor certification (for example, if it is later revoked)
• Serious USCIS error that means the petition should never have been approved

Also, there is no rule that forces an employer to withdraw the I-140 when they fire a worker. If they do withdraw after 180 days, it gives them no extra benefit and does not take away your protection.

For workers, this means that after 180 days, the threat “we’ll withdraw your I-140” loses most of its power.

Who qualifies for these protections

You benefit from the 180-day rule if:

• You are in an employment-based green card process that uses Form I-140, and either:
  • Your I-140 has been approved for at least 180 days, or
  • Your I-485 based on that I-140 has been pending for at least 180 days.

Common groups include:

• H-1B professionals sponsored in EB-2 or EB-3 categories
• Workers who filed I-140 and I-485 together when their priority date became current
• H-4 spouses relying on I-140 approval for EAD eligibility

Family-based green cards and other categories that do not use Form I-140 are not covered by this specific rule.

Documents and forms involved

To make use of these protections, you will typically see these official forms in your process:

USCIS also posts policy and updates for employment-based cases on its main Green Card for Employment-Based Immigrants page, which is a helpful reference for official rules.

Practical tips to protect yourself

Workers often feel stuck because they fear losing everything if they move or are laid off. The 180-Day I-140 Protection Rule aims to reduce that fear. Some practical steps:

• Know your I-140 approval date. Keep a copy of the approval notice and mark when 180 days will pass.
• Track your I-485 filing and pending time. Note the receipt date and when it reaches 180 days.
• Avoid big job changes before 180 days if possible, especially if your employer is unstable or unhappy about sponsoring you.
• If you’re past 180 days, remember:
  • Your employer’s withdrawal request usually does not kill your main benefits.
  • You can discuss new offers more freely, as long as they are in a similar job field.
• Keep proof of your job duties and titles. Detailed records help show that your new job is in the same or similar occupation.
• Ask new employers early about sponsorship. Even though you keep your priority date, you’ll likely still need a new PERM and I-140 with the new employer for the final green card.

USCIS rules can be complex, and each person’s situation is different, but knowing how the 180-day rule works turns a vague fear into clear choices. For many workers, reaching that 180-day point is the moment when their immigration future becomes more stable, even if their job does not.