Form I-140 Approval and Withdrawal

Practice Areas

By: Anil Malik

Form I-140 approval is an important step in the employment-based green card journey. However, employers can change their mind about a sponsorship decision at any time. Employers can withdraw Form I-140 after it is approved, which will absolve them of any liability towards an individual.

Form I-140 withdrawal impacts the individual, and its effects depend on the period the form remained approved. If the Form I-140 was approved and not withdrawn by the employer for at least 180 days, US Citizenship and Immigration Services (USCIS) considers such cases as approved. The beneficiary is entitled to all the benefits of Form I-140 approval, including indefinite H-1B extensions and H-4 Employment Authorization Document (EAD) approvals. Beneficiaries can use their Form I-140 approval for H-1B extensions with any employer, and for their spouse’s H-4 EAD.

If Form I-140 is withdrawn by an employer in fewer than 180 days after the approval date, the individual cannot use this approval for any future H-1B extensions or H-4 EAD. USCIS considers the case withdrawn from the date of approval.

For the individual to retain their priority date for portability purposes, Form I-140 must remain approved for 180 days.