Can an approved I-140 be cancelled after 6 months

[rahul_nch]

Hello,
My previous employer has started my GC process and I have my I-140 approved with that company. Now I moved to another company but so far the approved 140 is not cancelled. My question is even after 6 months of 140 approval can the employer has right to cancel/revoke the approval.

[krishmunn]

Have you applied for 485 ? If not, you will have to start your GC process from scratch again. You can preserve your PD even if employer revokes it (you cannot preserve if CIS revokes it because of fraud etc.)

[rahul_nch]

Hello Krish,
Thanks for your reply. I havent applied for 485 yet since its not current. So even if the employer revokes my 140 after 6 months i can still save the PD right. But for this to port with the new company do i need to have 140 approved copy or will the 140 receipt notice works? If 140 approval copy is required I am sure my previous employer wont be sending it. So can I apply the same through FOIA and get one.

[krishmunn]

For preserving the PD, there is no 6 months wait. It can be preserved as long as there is no fraud. Even if it is revoked by previous employer, you can use the PD. The receipt should be good enough. Using the receipt check the online status and take a print out.

Work with a good attorney

[rahul_nch]

Thank you for the information.