If the I-140 is revoked before 180 days, do I lose everything?

Let’s clarify the issue simply and informatively. When talking about the EB-3 visa, the approval of the I-140 is an important step for the advancement of the process. However, if this petition is revoked before 180 days have passed since its approval, this can impact the progress of the immigration process, especially regarding portability and the maintenance of certain benefits.

The 180-day period is relevant because of provisions in immigration law which, in certain situations, allow the beneficiary to transfer the petition to another employer without harming their process (the so-called ‘portability’ provided in Section AC21). If the I-140 approval lasts less than 180 days, this flexibility may not be available, meaning that the revocation can have a more direct effect on your case, making it harder to continue the process without intervention or proof of a well-established employment relationship.

However, it is important to emphasize that the revocation of the I-140 does not necessarily imply the ‘total loss’ of all achievements obtained so far. Each case has its particularities and other factors may be considered by immigration authorities, such as maintaining legal status, the existence of other petitions, or even administrative appeals that may be filed. Therefore, a detailed analysis of all documentation and the history of the process is essential.

I emphasize the importance of always following immigration laws and being careful to seek information from reliable sources. There are many campaigns and offers promising easy or guaranteed results, which can lead to risky situations or even scams. If you are experiencing this kind of situation, it is recommended to seek guidance from immigration professionals who can analyze your case in detail and indicate the best course of action without promising impossible results.

I hope this explanation helps clarify the issue, highlighting the importance of maintaining the process in good standing and obtaining information critically. Each situation is unique, and careful follow-up is always the best way to avoid surprises in the immigration process.

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.