Attempted revocation of an I-140 after an AOS has been pending for 180 days or more
Posted 07-23-2008 at 08:00 AM by Ron Gotcher
Though the issue was been settled by the CIS in favor of employees almost three years ago, many people still believe that an employer may revoke an I-140 for an employee who has ported to a new job after his or her I-485 has been pending for more than 180 days. In a CIS memo dated December 27, 2005 and titled ”Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)” the CIS instructed its adjudicators as follows:
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien’s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
It is very clear that once an application for adjustment of status has been pending for more than 180 days, an employer loses the right to revoke the underlying I-140 petition.