Difference between I-140 withdrawn and revoked

Question details

I saw some online forums stating that if I-140 withdrawn you can retain your PD date. Is it true under current circumstances? What is difference between I-140 Withdraw vs I-140 Revoke? If both are not the same, in which cases employers to for withdraw.

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FAQ Transcript

A revocation means, an I-140 was approved and then cancelled. So revocation means there was an approval first. If a case has never been approved, it cannot be revoked. It can only be withdrawn or it can be denied.

Let’s say for e.g.: I file your I-140, and USCIS says we deny this case as there are problems that’s a denial. Everybody understands that. So I file your case (I am your employer) before the case gets approved I send a cancellation request that’s a withdrawal. My case gets approved then I write to the USCIS and say I want to cancel this case that is a revocation.

Another circumstance of revocation is when USCIS says we approved this case and they can go back and issue a notice of intent to revoke the case. Or if they find any fraud which is a very serious matter that should never be ignored that has criminal complications, that on an employee can operate as a permanent bar from entering the US. 

Therefore, when a case is approved and then cancelled out it is a revocation, whether it is done by the employer or the government, if the case is still pending it can only be withdrawn or denied.


Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Bincy (not verified) on Fri, 02/03/2023 - 10:46 Permalink

I filed an I 140 petition back in 2006 and my agency with which I applied is closed down. All communications was done through my agency and recently I retrieved the status of my i140 petition as revoked. Is my priory date still valid. How can I confirm that the PD is still valid?

This answer is for information purposes only and does not create an attorney-client relationship.

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