Can an employer withdraw an immigrant petition (I-140) more than 180 days after approval?


In general, an employer can withdraw the job offer and thus the immigrant petition (I-140) anytime before or after approval. However, the regulations permit the immigrant petition I-140 withdrawn more than 180 days from the date of approval to continue to remain valid for the beneficiary of the petition to seek extensions beyond the six-year limit on H1B classification. Bear in mind, however, that although the petition would remain valid for those purposes, it could not be used to seek permanent immigration to the United States after withdrawal. (10.Jun.2019)

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