Does My Sponsoring Employer Have to Withdraw My I-140 or Inform the USCIS?

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Hi William,

I currently have H-1B visa as an engineer at a company. I have filed EB2 I-140 petition, based on approved PERM labor certification. Because of business reason, if I change job, does my sponsoring employer have to withdraw my I-140 or inform the USCIS?

Answer,

Your sponsoring employer has not to withdraw your I-140 or inform the USCIS. Unlike the H-1B status application, there is no requirement for the employer to notify the USCIS of termination of the employment or withdraw the I-140 petition. Many employers do not withdraw I-140s upon employment termination. Since it is no longer possible to file Labor Certification substitution cases now.

Previously, in Labor Certification substitution cases, the employer was required to revoke the previously approved I-140 for the original beneficiary in order to substitute a new beneficiary. Thus, employers had a valid reason for revocation in some instances. Now, there is often no reason or need to revoke an I-140.

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