Can My Employer Withdraw an Approved I-140?

Job-based immigration can feel like a puzzle, and one of the trickiest pieces is what happens to an approved I-140 when your job situation changes. People worry about timing, status, and what a withdrawal means for their future. That stress is real, and you are not alone in it.

N400 Harbor Immigration Law helps individuals, businesses, and organizations nationwide with visas, Green Cards, and citizenship. Our firm, based in Pompano Beach, Florida, supports clients across the country with clear steps and steady guidance. In this guide, we explain when and how an employer can withdraw an approved I-140, plus what rights and options you still hold.

I-140 Petition: An Overview

Form I-140, Immigrant Petition for Alien Worker, lets a U.S. employer ask USCIS to classify a foreign worker for a Green Card based on a permanent job offer. The petition shows there is a real position and that you meet the job’s minimum requirements. It also anchors your place in the visa line through a priority date.

Most I-140 petitions are filed by the employer. Some categories allow self-petitioning, like EB-1A or EB-2 National Interest Waiver, but the classic employer-sponsored route still covers a large share of cases.

Certain categories need a Department of Labor (DOL)-approved labor certification first. Here are the common ones you will see:

• E-21, professionals holding an advanced degree with PERM labor certification.
• E-32, professionals with a bachelor’s degree and PERM labor certification.
• E-31, skilled workers with PERM labor certification.
• E-W3, other workers with PERM labor certification.

Labor certification shows there are no able, willing, and qualified U.S. workers for the role at the offered wage. It also locks in your priority date once filed.

Employer’s Ability to Withdraw an Approved I-140

An employer can ask USCIS to withdraw an I-140 approval. Timing matters a lot, and it can change what benefits you keep. If you left the company, or the offer no longer exists, that timing becomes even more vital.

If the employer requests withdrawal within 180 days of I-140 approval, USCIS will usually honor the request. If more than 180 days have passed, USCIS does not revoke the I-140 based only on the employer’s withdrawal, especially if your I-485 has been pending 180 days or longer.

Here is a quick list to keep the timing straight:

• Withdrawal within 180 days of approval, USCIS generally revokes the I-140.
• Withdrawal after 180 days, the approval can still support priority date retention, H-1B extensions, and portability, if there is no fraud or error.
• If an I-485 has been pending 180 days or more, the I-140 usually keeps value for AC21 portability, even if the employer asks to withdraw.

Sometimes, the online case status shows “withdrawn,” which can be scary to read. That message does not always erase your benefits if the 180-day mark has passed and there are no fraud or misrepresentation issues.

If your case sits in one of these gray zones, get records in order and plan your next steps with care.

Circumstances Resulting in Automatic Revocation/Termination of Form I-140

Some events can cut off an I-140 without a timing debate. These are automatic and can apply even if everyone acted in good faith.

Death of the Employer

If the employer is a person and that person dies, the I-140 is automatically revoked. If the employer is a company, a successor company can sometimes take over through a successor-in-interest process.

Each case is different, and corporate changes can get technical very fast.

Death of the Employee/Applicant

If the foreign worker passes away, the I-140 terminates. Family-based humanitarian routes do not usually fit employment cases like this.

That topic is painful to read about, and we share that weight with you.

Lapse or Invalidation of Labor Certification

If the labor certification expires before filing the I-140, or DOL later invalidates it, the I-140 cannot stand on its own. USCIS can revoke an approval tied to an invalid labor cert.

When labor steps fall apart, the petition tied to them usually falls, too.

Priority Date Retention After I-140 Withdrawal

In most cases, you can keep the priority date from an approved I-140, even if the employer withdraws it. That date can be a lifeline for your place in the visa line. A new employer can file a new I-140, and your earlier date can carry over.

USCIS can take back a priority date if it later finds fraud, misrepresentation, or a big error in the first approval. That is rare for most people, but it does happen. Keep copies of filings and notices, so you have proof of your timeline.

To make this work smoothly, share your old approval notice with any new employer or attorney helping with the fresh I-140.

Job Portability Under INA 204(j)

INA 204(j) lets you change jobs or employers in certain cases without losing your Green Card path. People call this porting. The idea is simple: your I-485 has aged long enough, and your new role is close enough to the old one.

To port under AC21 rules, you need all three of these:

• You are the beneficiary of a pending or approved I-140.
• You filed an I-485 that has been pending for 180 days or more.
• Your new job is in the same or similar occupational classification as the one in the I-140.

Talk with an immigration attorney about job titles, SOC codes, and day-to-day duties. Small differences often pass, but big shifts in skills or seniority can raise questions. Good planning limits headaches later.

H-1B Extension Options with an Approved I-140

An approved I-140 can unlock H-1B extensions beyond the six-year limit. You can also change H-1B employers with this approval still backing you, as long as it remains valid. This tool helps keep you working while visa numbers are not current.

With an approved I-140 and no current visa number, you can ask for H-1B extensions in three-year chunks. If your case sits earlier in the process, pending filings can support one-year extensions in some paths. Either way, the I-140 boosts your options in a big way.

Keep every approval notice handy, and do not let cap season scare you as much once you have this approval in your pocket.

Next Steps if Your I-140 Petition is Revoked/Withdrawn

If your I-140 is revoked or withdrawn, the next move is to find a new job and a new sponsor. If possible, look for a role that fits the same or a similar occupational classification. That match keeps more doors open.

Here is a simple checklist to keep you moving:

• Collect copies of your I-140 approval, I-485 receipt, and PERM filing.
• Confirm if the 180-day milestones have passed for the I-140 or I-485.
• Target a new position with duties and a SOC code close to the old role.
• Start the new PERM and I-140, then request a carryover of your priority date.

If timing or titles feel a bit off, get advice before you jump. A small tweak now can save months later.

Need Assistance with Your I-140 Petition? Contact Us

N400 Harbor Immigration Law helps workers and companies build stable plans for Green Cards, work visas, and citizenship. We care about clear answers, steady updates, and results that match your goals. If you feel stuck on withdrawal, portability, or timing, we are ready to step in.

Reach out to talk through your options and set a plan you trust. Call 305-396-8882 or use our Contact Us page to schedule a consultation. We welcome your questions, and we are here to help you keep your case moving the right way.