When can a company revoke my I-140?

Hypothetical I: Company A filed EB3/EB2 for Candidate X, the Form I-140 was approved and the priority date is not current. Candidate X moves to another company. Company A decides to revoke the Form I-140.

Question: Can Company A revoke the Form I-140 in Hypothetical I? If yes, what happens to the priority date?

Answer: Yes they can. However, unless fraud is proven, Candidate X can keep the priority date for a future I-140 application.

Hypothetical II: Company A filed an EB3/EB2 for Candidate X, Form I-140 was approved and priority date became current momentarily allowing an Adjustment of Status (AOS/I485) to be filed for Candidate Y. The application is accepted and Candidate X obtains an EAD (Employment Authorization). However, the Visa Bulletin dates retrogresses, and Candidate X does not obtain his permanent residence (GreenCard) because of the retrogression. After 180 days, Candidates decides to move to another company (Company B). Company A decides to revoke the Candidate Y’s form I-140.

Question: Can Company A revoke the Form I-140? If yes, what happens to the AOS and EAD of Candidate X?

Answer: Yes, Company A can actually revoke the form I-140 but Candidate Y does not lose his AOS and EAD because 180 days has passed and if a proper AC 21 movement is effected, Candiate Y retains his AOS and EAD.

Caveat: Note the Department of Homeland can still revoke the form I-140 in case of fraud.

Note from Attorney: The above are just hypotheticals. Note that you need to distinguish between an I-140 which is under AC 21 and one which is not. Many people confuse the two. For more information, please call our office at 510 742 5887 or email us at [email protected]

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