Can I lose my priority if the employer withdraws the I-140?

In the context of EB-3, understanding how the withdrawal of the I-140 can impact your priority is essential for planning the next steps in your immigration process. Simply put, the I-140 is a fundamental petition filed by the employer that, once approved, establishes the priority date – a date that can be crucial for later adjustment of status or for obtaining the green card.

If the employer decides to withdraw the I-140, whether you lose your priority largely depends on how long the I-140 has been approved. There is an important rule: if the approved petition remained in effect for at least 180 days before being withdrawn, you may keep the originally assigned priority date even if the I-140 is subsequently revoked. This safeguard is designed to protect beneficiaries who have already spent a significant amount of time with the petition approved. On the other hand, if the I-140 is withdrawn before completing 180 days, there may be more serious risks of losing the priority benefit, which can affect the progress of your immigration process.

Regardless of the specific situation, it is crucial to emphasize the importance of following United States immigration laws and consulting specialized services. When dealing with sensitive and complex issues like this, professional guidance helps avoid mistakes that may jeopardize your path to the green card. Likewise, avoid falling for marketing proposals that promise quick or guaranteed results, as the immigration process depends on various legal and administrative variables that must be handled with caution and responsibility.

Always remember to seek reliable sources and the support of specialized professionals to guide you according to your case and maintain compliance with United States regulations.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.