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After My Layoff, What Happens If the Employer Revokes the I-485 Application?

Hi William,

I have an approved Form I-140 Application sponsored by my employer, and the
I-485 application is pending more  than 180 days, but I was recently laid off by the employer. What happens if the employer revokes the I-485 application?


The employer does not control the Form I-485 application, since this is filed directly by the alien employee. The I-485 application is based on the form I-140 approval, which is the employer’s filing. The employer can always withdraw or request to revoke the Form I-140 petition.

If the I-140 application has been approved and the I-485 application has been pending for more than 180 days, the employer can still request to revoke the I-140 petition approval. However, this does not prevent the I-485 application from being approved. An approved I-140 petition remains valid once the I-485 application has been pending for 180 days, even if the employer requests the revocation of the I-140 application.

In this situation, if the foreign national has not provided information about the new job, then the USCIS will issue a Notice of Intent to Deny (NOID). If a NOID is issued. If the file contains documentation about the new job after the
laid off , the I-485 application should be approved.

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