Can Employers Revoke I-140?

Navigating the world of immigration can be complex, especially when dealing with forms like I-140. For many immigrants, this form is a crucial step in obtaining permanent residency in the United States. However, one of the most pressing concerns is whether an employer can revoke an I-140. In this article, we’ll explore this possibility and provide tips on how to protect yourself should this happen.

Understanding I-140

Before we dive into the details, let’s get a clear understanding of what an I-140 is. The I-140, or Immigrant Petition for Alien Worker, is a form filed by a U.S. employer on behalf of a foreign national employee. This form is a part of the employment-based immigration process and signifies that the employer intends to hire the foreign worker permanently.

What Does I-140 Signify?

Essentially, an approved I-140 verifies that:

• The employer has a legitimate job offer.
• The employer has the ability to pay the specified wage.
• The foreign worker meets the qualifications for the job.

Importance of I-140

An approved I-140 is crucial because it allows the foreign worker to apply for a green card, eventually leading to permanent residency. Without it, progressing to the next step in the immigration process is practically impossible.

Can Employers Revoke I-140?

Now, to the pressing question: Can employers revoke an I-140? The quick answer is yes, under certain conditions. But this topic isn’t as straightforward as it may seem, and it requires a deeper dive to fully comprehend the different aspects.

The Timing of I-140 Revocation

The timing of when an employer can revoke an I-140 is crucial. If the I-140 has been approved for more than 180 days and the Adjustment of Status (AOS) is filed, the petition generally remains valid even if the employer withdraws it. However, if it hasn’t crossed the 180-day mark, the employer’s withdrawal might indeed nullify the approved petition.

What Are the Employer’s Intents?

Not all employers have the same reasons for wanting to revoke an I-140. It’s beneficial to look into why an employer might take this step before assuming the worst.

Why an Employer Might Revoke I-140

Knowing the reasons behind an employer’s decision to revoke an I-140 can help you understand and perhaps even prevent the revocation.

Business Reasons

An employer might revoke an I-140 for purely business-related reasons. For example, if the company is undergoing a restructuring, facing financial troubles, or if the job position no longer exists, they might decide to withdraw the petition.

Employee Performance

Another possible reason could be the employee’s performance. If an employee is not meeting the job expectations or has violated company policies, the employer might decide to terminate the employee’s petition.

Personal Relations

Unfortunately, sometimes personal conflicts or misunderstandings between the employer and employee can lead to the revocation of an I-140. This aspect makes the job market even more unpredictable.

Effects of I-140 Revocation

What happens if your I-140 is revoked? The impacts can be significant, affecting your immigration status and your plans for permanent residency.

Impact on Green Card Application

If your I-140 is revoked before you have filed for Adjustment of Status (AOS), your green card process may be halted. This means you’ll have to start over with a new employer, which can be a considerable setback.

Status Implications

Losing an approved I-140 can jeopardize your visa status. In some cases, you might have to leave the United States if another work visa isn’t secured quickly.

How to Protect Yourself

Knowing that an I-140 can be revoked might leave you feeling uneasy. However, there are ways to protect yourself from the adverse effects.

Keep Good Performance

The first step is to ensure that your job performance is always up to par. Meeting or exceeding job expectations can decrease the chances of an employer feeling compelled to revoke your petition.

Open Communication

Maintain an open line of communication with your employer. Transparency can go a long way in preventing misunderstandings or conflicts that could lead to the revocation of your I-140.

Seek Legal Advice

Consult with an immigration attorney to understand your options and rights. An experienced lawyer can guide you through the complexities and provide strategies to mitigate risks.

Plan B

Always have a backup plan. Whether it’s looking for new job opportunities or keeping alternative immigration routes in mind, being prepared can save you from a lot of stress and uncertainty.

Frequently Asked Questions

1. Can an I-140 be transferred to a new employer?

Yes, an I-140 can generally be “ported” to a new employer if the new job is in the same or similar occupational category and the current Adjustment of Status (AOS) has been pending for at least 180 days.

2. Can an employer revoke I-140 after 180 days?

While an employer can request a withdrawal, the petition is generally protected from revocation if the AOS has been filed and pending for 180 days.

3. What happens if my I-140 is revoked before 180 days?

If your I-140 is revoked before the 180-day mark, it could invalidate your petition, and you would need a new employer to file a new I-140.

4. How can I check the status of my I-140?

You can check the status of your I-140 online through the USCIS website using your case receipt number.

5. Can I use my I-140 approval for H-1B extensions?

Yes, an approved I-140 can be used to obtain H-1B extension benefits beyond the standard six-year limit.

6. Does an I-140 approval give me work authorization?

No, an I-140 approval does not grant work authorization. It must be followed by a valid visa status or an approved EAD application.

7. How long does USCIS take to approve I-140?

The processing time can vary, but it generally takes several months. Premium processing can expedite the process to about 15 calendar days.

8. Can an employer withdraw I-140 after employee leaves?

Yes, an employer can request to withdraw the I-140 after the employee leaves the company, particularly if it hasn’t been 180 days since the approval.

9. What is the fee to file an I-140?

As of current USCIS fee structures, the filing fee for an I-140 form is $700, but fees may change, so it’s best to check the latest fee schedule.

10. Is it possible to appeal a revoked I-140?

Yes, in some circumstances, it’s possible to appeal a revoked I-140 or to file a Motion to Reopen or Reconsider with USCIS.

Conclusion

Understanding the nuances of I-140 revocation can help you better navigate your path to permanent residency in the United States. It’s crucial to stay informed, maintain good communication with your employer, and seek legal advice when needed. With the right steps, you can protect yourself and increase your chances of successfully achieving your immigration goals.

Need Help? Contact Us!

Our team is here to help you with your immigration needs. If you have any questions or need assistance, feel free to reach out to us at (212) 566-3572. You can also contact us through our online contact form. We are here to support you in every step of your immigration journey.