I-140 withdrawal after I-485J filed by new employer

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  • 3 weeks later...

Based on the regulation and USCIS policy, if the I-485J Supplement is filed before the withdrawal, the result should be USCIS adjudicating the I-140 Petition based on an approvable when filed standard. We have seen limited success in this happening. Instead what has happened is USCIS forgets about the I-485 and leaves it pending or USCIS denies the I-485 Application. USCIS recently announced new guidance on ability to pay for an I-140 Petition that seems to line up with the approvable when filed standard, but it is not clear that this will change things. Murthy Law Firm successfully sued USCIS on this issue for a client a few years ago and is currently in fighting USCIS on this issue for another client. 

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