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hertzthrowawayyesterday at 5:45 PM1 replyview on HN

Hi Peter, thank you for doing this on a regular basis!

In the event of a company-sponsored EB1A with an approved I140 but with an I485 pending for less than 180 days, is it possible for the company to rescind the approval? Or does the approval belong to me even though it is company-sponsored?

If the approval can be rescinded, could I lose my priority date and my I485 as well?


Replies

probertsyesterday at 6:47 PM

That the I-140 petition is an EB1A petition (which can also be filed by an individual) doesn't change the analysis. If the employer-filed I-140 petition was approved more than 180 days ago even if the I-485 has been pending for less than 180 days, while an employer can withdraw the I-140 petition (thus requiring the employee to get a new approved I-140 petition to get a green card), the individual still would keep his or her priority date.