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Form I-140 Approval and Labor Certification to remain valid if Form I-140 Approval revoked after 180 days.

Green Cards > Employment Based Green Card > Form I-140 Approval and Labor Certification to remain valid if Form I-140 Approval revoked after 180 days.

 

In a recent letter the BCIS indicates that under AC21 an employment-based immigration petition approval (Form I-140) and the supporting Labor Certification shall remain valid with respect to a new job if the individual changes jobs or employers as long as the Adjustment Application (Form I-485) has been filed and remains unadjudicated for 180 days or more. This interpretation would appear to apply even if the approval of the initial Form I-140 was revoked, provided that the Form I-140 approval was revoked after the 180 days had passed.

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