Sunday, November 29, 2015

Can an employer Revoke an approved form I-140 after 180 days?

We often get the question whether an employer can revoke an approved I-140 once 180 days has passed.  The short answer is yes unless there was an I-485 adjustment of status filed attached to it. Nonetheless many have confused this rule and understand that after 180 days an employer cannot revoke the I-140 petition.

The rule of "irrevocable I-140" is attached to AC 21 rules where the employer loses the ability to revoke the approved I-140 or approval I-140 once the adjustment of status (AOS) aka I-485 form is filed. However, the USCIS reserves the right to still revoke the I-140 approved petition based on "fraud and misrepresentation".

Therefore, make sure that in case you need an I-140 to file for extension or transfer beyond six years, your employer has not 'secretly' revoked such a petition.

We recommend people before they make a move to actually consult with an attorney experienced in I-140 and H1B issues. Our law firms has handled hundreds of those, please call us at (510) 742 5887.