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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