View Full Version : I-140 Withdrawal Scenario with I-485 pending. Cannot use AC21

08-04-2012, 12:30 PM

I have an approved EB3 Perm(May 2005) and I-140. My I-485 filed in 2007 is pending and I have EAD.
I am currently on H-1B with wife on H4(got married after filing I-485).

I applied for EB3 -> EB2 porting with the same employer in Jan 2012, received an Audit in Apr 2012 and responded in May 2012. Waiting to hear back.

I have a job offer from another company. My plan is to do a H-1B transfer based on approved I-140 and apply for a new EB2. I cannot use AC21 because my wife is not on my AOS application.

I told my current employer of the plans and he wants to withdraw my I-140 stating that it is required by law and also added that it will jeopardize my current pending EB2 PERM. His reasoning is, if a DOL officer visits the office for my pending EB2 Audit verification (which seem to be happening now), the fact that I am not with the company anymore will negatively impact my PERM. Can anymore please confirm that?

Also, if my employer revokes the I-140

1. Can I keep my May 2005 priority date for eventual porting
2. Will the pending I-485 be denied on the basis that the underlying I-140 has been revoked, in which case I will lose my EAD and AP

Any insights are greatly appreciated.

Appreciate It.

08-05-2012, 01:01 PM
Any answers from guys who were in a similar situation or links to posts even if they partially answer the question are much appreciated.