Difference between I-140 withdrawn and revoked [1]
Submitted by Chief Editor on
I saw some online forums stating that if I-140 withdrawn you can retain your PD date.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.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/Gl2WiBEALtk?t=273 [2]
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 It can only be withdrawn or it can be denied.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it is a revocation, whether it is done by the employer or the government, if the case is still pending it can only be withdrawn or denied.