Can an Employer Revoke an I-140 After 180 Days? This question often arises among foreign workers navigating the complex U.S. immigration system. Understanding the rules around I-140 petitions and employer rights is crucial for anyone on the path to permanent residency. In this article, we’ll break down what happens after 180 days, employer obligations, and your options if faced with a revocation.

What is an I-140 and Why Does it Matter?

Before diving into the heart of the question, Can an Employer Revoke an I-140 After 180 Days?, let’s clarify what an I-140 petition is. The I-140, or Immigrant Petition for Alien Worker, is a crucial step in the employment-based green card process. It’s filed by an employer to prove that a foreign worker qualifies for permanent residency based on their job skills and qualifications.

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This petition essentially acts as a green light for the worker to move forward in the immigration process. Without an approved I-140, you can’t proceed to file for adjustment of status or immigrant visa. So, understanding the stability and revocability of this petition is vital.

The 180-Day Rule Explained

The 180-day mark is a significant milestone in the green card journey. After your I-140 is approved and you file your I-485 (Application to Register Permanent Residence or Adjust Status), USCIS generally requires that your I-140 remain valid for at least 180 days to protect your adjustment application.

Why 180 days? This period is designed to provide some security to the employee, ensuring that the employer can’t just pull the rug out from under you immediately after you start the green card process. It’s like a safety net, giving you time to establish your eligibility and move forward.

Can an Employer Revoke an I-140 After 180 Days?

Now, the million-dollar question: Can an Employer Revoke an I-140 After 180 Days? The short answer is yes, an employer can technically revoke the I-140 at any time. However, the timing and consequences of such revocation vary.

Once your I-140 has been approved and your I-485 has been pending for more than 180 days, USCIS generally allows you to keep the priority date from that I-140 for future petitions. This means even if the employer revokes the petition, you may still retain some benefits.

But here’s the catch: if the employer revokes the I-140 before you file your I-485 or before the 180-day mark, your green card process could be in jeopardy. After 180 days, the revocation doesn’t automatically cancel your adjustment application, but it can complicate things.

Impact of Revocation on Your Green Card Process

When an employer revokes an I-140 after 180 days, the impact depends on your current stage:

• Before filing I-485: Revocation usually means you must start over with a new petition.
• After filing I-485 and 180 days passed: You can often continue your green card process using the approved I-140’s priority date, but you must still maintain eligibility.

Think of it like a train ticket: once you’ve boarded (filed I-485), even if the ticket issuer cancels your ticket (I-140 revocation), you might still be allowed to finish your journey under certain rules.

Legal Protections for Employees

Are you protected if your employer decides to revoke your I-140? Fortunately, U.S. immigration law offers some safeguards:

• Portability under AC21: After 180 days of a pending I-485, you may change jobs or employers without losing your green card eligibility, provided the new job is in the same or similar occupational classification.
• Priority Date Retention: You can keep your priority date from the approved I-140 for future petitions, which can save years in the green card queue.

These protections are like a safety harness, giving you some freedom and security even if your employer pulls back.

Steps to Take if Your I-140 is Revoked

If you find yourself asking, Can an Employer Revoke an I-140 After 180 Days? and the answer is yes, what should you do next? Here are practical steps:

1. Confirm the Revocation: Get official notice and understand the reason behind it.
2. Consult an Immigration Attorney: Time is critical; legal advice can help you explore options like filing a new petition or leveraging AC21 portability.
3. Evaluate Your Status: Check if you have filed I-485 and how long it has been pending.
4. Consider Alternative Employers: If possible, find a new employer willing to sponsor you.

Don’t wait or panic. Acting quickly and smartly can make all the difference.

Common Misconceptions About I-140 Revocation

There are plenty of myths floating around about I-140 revocation. Let’s clear up a few:

• Myth: Once approved, an I-140 can never be revoked.
  Reality: Employers can revoke anytime, but timing affects consequences.
• Myth: Revocation means immediate deportation.
  Reality: If you have a pending I-485 over 180 days, you have protections.
• Myth: You lose your priority date if the I-140 is revoked.
  Reality: You can keep your priority date for future petitions.

Understanding the facts helps you stay calm and plan ahead.

How to Safeguard Your Immigration Status

So, how do you protect yourself from the shock of a sudden I-140 revocation? Here are some tips:

• File your I-485 as soon as eligible: The 180-day clock starts ticking then.
• Maintain good communication with your employer: Transparency can prevent surprises.
• Keep documentation organized: Copies of your I-140 approval, notices, and correspondence.
• Know your rights under AC21: This law is your friend in case of job changes.

Think of it as building a fortress around your immigration journey.

When to Consult an Immigration Attorney

If you’re wondering, Can an Employer Revoke an I-140 After 180 Days? and feeling uncertain, it’s a good sign to talk to a professional. Immigration law is complex, and every case is unique.

An attorney can help you:

• Understand your current status and risks
• Explore options if your I-140 is revoked
• Prepare for job changes or new petitions
• Navigate tricky USCIS procedures

Don’t wait until it’s too late—early advice can save years of stress and uncertainty.

Summary and Final Thoughts

To wrap up, Can an Employer Revoke an I-140 After 180 Days? Yes, they can, but the consequences depend heavily on timing and your immigration stage. The 180-day rule offers important protections, but you must be proactive and informed.

Remember, your green card journey is a marathon, not a sprint. Stay vigilant, keep your paperwork in order, and seek legal help when needed. Your future in the U.S. is worth fighting for.