Is the I-485 applicant still portable if the employer revokes the underlying I-140 or the approved Labor Certification?
If the I-140 has already been approved and then the employer withdraws the approved I-140 after the AOS application has been pending for 180 days, the approved I-140 remains valid with respect to your new offer of employment in accordance with AC21. You will have to submit evidence to demonstrate that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the I-140 was filed. If the approval of I-140 is revoked or the pending I-140 is withdrawn before the AOS application has been pending 180 days, the approved I-140 is no longer valid with respect to a new offer of employment and the AOS application may be denied.
Related Questions
- Can I change jobs while my I-140 petition and/or I-485 application based on an approved Labor Certification are pending with the USCIS?
- Is the I-485 applicant still portable if the employer revokes the underlying I-140 or the approved Labor Certification?
- With an approved Labor Certification application, can I change job before the I-140 approval?
