What Happens If My I-140
Application Is Revoked Before It Is Approved?

Dr. William:

My EB1-EA based I-140 and I-485 applications have been pending for more than 6 months. I am currently working on my EAD for another employer due to my previous employer's business change. What happens if my I-140 application is revoked before it is approved? and how about my I-485 application's status if the I-140 is revoked?


Answer:

For the I-485 petition's portability to another employer, your I-140 has to be approved first, and the I-485 has to be pending for more than 180 days. Also, you need to in a new job that in the same or similar field for the Green Card to be portable to the new employer. 

If your previous employer revokes the I-140 petition before it is approved, your I-485 can not stand and may be denied by the USCIS.

 

 

 

     

 

 

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