An approved Form I-140 may remain useful after the sponsoring employer withdraws it, but the timing of the withdrawal is critical. If the petition remains approved under federal regulations, it may support certain H-1B extensions, employment authorization options and future employment-based immigration filings. It does not, however, preserve the employer’s original permanent job offer or guarantee a green card.
For most EB-1, EB-2 and EB-3 petitions, an employer’s written withdrawal generally causes automatic revocation when it is filed less than 180 days after the I-140 was approved. An exception applies when an associated Form I-485 adjustment application has already been pending for at least 180 days.
If the withdrawal occurs at least 180 days after approval, or after the associated I-485 has been pending for at least 180 days, the I-140 generally remains approved. U.S. Citizenship and Immigration Services may still revoke it on another valid ground, such as fraud, invalidation of the underlying labor certification or a material error in the original approval.
A surviving I-140 approval can help some workers obtain H-1B status beyond the standard six-year limit. Under one route, an H-1B worker with an approved EB-1, EB-2 or EB-3 petition may receive extensions of up to three years when an immigrant visa is unavailable because of the applicable per-country limit. The employer filing the H-1B extension does not have to be the employer that filed the I-140.
The petition may also support an H-4 spouse’s application for an employment authorization document. Separately, certain workers in E-3, H-1B, H-1B1, O-1 or L-1 status may seek a compelling-circumstances EAD if they meet the additional regulatory requirements. USCIS makes that determination case by case, and ordinary job loss alone does not automatically establish compelling circumstances.
An approved EB-1, EB-2 or EB-3 petition can also establish a priority date for a later petition. Priority-date retention is governed by separate rules and may be unavailable when USCIS revokes the approval for specified reasons, including fraud, labor-certification problems or material error.
Even when the I-140 remains approved, the former employer’s withdrawal rescinds its offer of permanent employment. A worker ordinarily needs a new petition—and, when required, a new permanent labor certification—to pursue a green card through another employer.
The major exception is adjustment-of-status portability. A worker whose I-485 has been pending for at least 180 days may be able to move to a new permanent position in the same or a similar occupational classification without restarting the entire case.
The decisive records include the I-140 approval notice, the withdrawal date, any I-485 receipt, H-1B approval notices and the applicable Visa Bulletin. This distinction can be especially important for professionals who moved from F-1 or OPT employment into H-1B status and are navigating a long employment-based green card wait.
This article provides general immigration information and does not constitute individualized legal advice.