Can an employer revoke an approved I-140 even after 6 months of its approval date?


The employer can withdraw the I-140 at any time (causing it to be automatically revoked). If the I-140 has been approved and the I-485 has been pending for at least 180 days, then AC21 potentially applies and the I-485 application should be able to continue despite the employer’s withdrawal of the I-140. Also, the priority date from the approved I-140 can generally be used for any other employment-based green card case filed for that employee, even if the employer withdraws the I-140. (23.Feb.2015)

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