Withdrawing EB-3 immigration petition before I-485 is filed?

Asked over 2 years ago - Woodbridge, VA

Is it possible to withdraw EB-3 immigration petition after I-140 is approved but before I-485 is filed? If yes, who (beneficiary or the sponsor, or the representative) can file for withdrawal? If the petition is successfully is withdrawn, does it mean the record will indicate the applicant never filed any immigrant petition?

Attorney answers (3)

  1. Ricky Malik

    Contributor Level 13
    Best Answer
    chosen by asker

    Answered . Yes it is possible to withdraw the I-140 after it is approved and b/f the 485 is filed. The petitioner (sponsor) or the petitioner's attorney (assuming he has not engaged in dual representation) can file for withdrawal. The fact of filing and withdrawal will not disappear, but if the beneficiary has not filed the 485 or does not have some other status, that person will not be in a good spot.

    Ricky Malik, Esq.

  2. F. J. Capriotti III

    Contributor Level 20

    Answered . The EB-3 is 'owned' by the employer that signed the I-140. Yes, there will be a record of the withdrawal.

    IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only.... more
  3. J Charles Ferrari

    Contributor Level 20

    Answered . An employer can withdraw an I-140 at any time up to the 180th day after the I-485 is filed.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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