Do not assume every withdrawal ends your green-card process. The result depends on which filing was withdrawn, whether an I-140 was approved, how long an associated I-485 has been pending, and whether you have a qualifying new job or replacement immigration basis.
PERM, I-140 and I-485 are separate stages. Identify the exact stage first, preserve every notice, calculate the correct 180-day clocks, and obtain individualized advice before withdrawing an I-485 or changing its underlying basis.
As an Amazon Associate I earn from qualifying purchases.
First identify what your employer withdrew
Employers can withdraw different filings at different points. A withdrawn PERM is not the same event as a withdrawn I-140, and an approved I-140 has protections that do not automatically apply to a pending petition.
| Case stage | What the withdrawal usually means | Immediate issue to check |
|---|---|---|
| PERM pending with the Department of Labor (DOL) | The employer is ending the labor-certification case. There is no approved I-140 to preserve. | Whether another employer can begin a new sponsorship and whether any filing was actually withdrawn. |
| PERM certified, I-140 not filed | The certification may be unusable if it is not submitted to U.S. Citizenship and Immigration Services (USCIS) within 180 days of certification. | The certification date, expiration date and whether the original employer will still file Form I-140. |
| I-140 pending | The available materials do not establish that a pending, unapproved petition receives the same withdrawal protection as an approved petition. | USCIS case status, the withdrawal confirmation and advice on a new petition. |
| I-140 approved, no I-485 or I-485 pending fewer than 180 days | A withdrawal filed less than 180 days after approval generally triggers automatic revocation, subject to the separate 180-day I-485 rule and other exceptions. | Exact I-140 approval date and I-485 filing date. |
| I-140 approved, I-485 pending at least 180 days | The approved petition can remain approved despite withdrawal alone if the regulatory timing requirements are met, but the original job offer does not remain available. | Whether the new job qualifies for AC21 portability or another replacement basis. |
Request the employer’s written withdrawal confirmation if possible. Also check your USCIS online account, receipt history and mailed notices so you know whether the action was a voluntary withdrawal, a USCIS revocation, or a different case update.
#1 Best Overall
- [Ultra-Lightweight Ear Buds Designed for Small Ears] Each earbud weighs only 3.7g and features a compact, ergonomic in-ear design made especially for small ears. Secure, low-profile, and comfortable for workouts, all-day wear or overnight sleeping.The ultra-slim profile sits flush in your ear with no hard edges poking or rubbing, so you can even sleep on your side without discomfort.
- [Immersive Stereo Sound with TOZO OrigX Technology] TOZO OrigX tuning delivers clear vocals, balanced mids, and natural stereo sound for music, podcasts, and videos.
- [Long Battery Life for Daily Use] Get up to 7 hours of playtime on a single charge, with up to 32 hours total using the charging case—ideal for workdays, commuting, and extended listening sessions.
- [Bluetooth 5.3 & Stable Connection] Bluetooth 5.3 provides fast pairing, stable wireless performance, and reduced dropouts as you move around home or office.
- [Deep Bass with Clear Vocals] High-performance drivers produce punchy bass while keeping vocals clean and detailed for everyday listening.
What happens to a PERM withdrawal?
Pending PERM
PERM is the DOL labor-certification stage. DOL states that the date it receives the application is used by USCIS and the Department of State as the priority date. The employer, as the filer, controls the submitted case in the DOL system. DOL’s FLAG FAQ describes withdrawing an eligible submitted case from the Case Details page, including cases listed as “In Process.” That system description does not give the sponsored worker authority to stop an employer’s withdrawal.
If the employer withdraws a pending PERM, you should not treat the application as an approved immigration benefit. A new employer generally must conduct its own recruitment and file a new PERM unless a specific legal exception applies. Your next steps depend on the new employer’s willingness to make a permanent, full-time job offer and on your independent immigration status.
Certified PERM with no I-140 filed
A certified labor certification is time-limited. DOL says it expires if it is not submitted to USCIS with Form I-140 within 180 days. The 180 days run from certification, not from the date you learned about the withdrawal or from a later I-140 receipt.
Ask for a copy of the certification and record its certification date. If the original employer will not file the I-140, do not assume another employer can simply substitute its name on that certification. Whether a different filing strategy is available requires review of the documents and current rules. If the certification has expired, a new PERM may be necessary.
What happens to a pending I-140?
The withdrawal rules for a pending, unapproved I-140 are not the same as the rules for an approved petition. The official materials addressed here primarily establish the effect of withdrawing an already approved employment-based I-140; they do not establish every consequence of withdrawing a petition that USCIS has not yet approved.
Rank #2
- 【IP68 Waterproof Multifunctinal Smart Watch】Torjalph fitness activity tracker smart watch is IP68 waterproof technology ,you can wear it when swimming,handwashing,it's rain-proof which means that you perform multiple exercise modes outside without worrying about sweat or rain corroding your fitness smart watch,and this watch equipped with a 230 mAh large capacity battery magnetic charging ,and this sports activity tracker watch can be used 5-7 days If fully charged.
- 【Larger 1.83'' Full Screen Watch & Multi-dial Selection】1.83 inch full HD color touch screen smart watch for men / women provides excellent 240*284 resolution image quality ,This Bluetooth smart watch offers a better touch experience and remarkable immersion and ,more than 200 watch faces for you to choose from App"Da Fit ", you can change the dial style according to your mood to wear keeping the world on your wrist
- 【Accurate Activity Tracker Smart Watch 】sports watch activity tracker uses sweat and dust resistant breathable silicone strap, our Fitness Tracker Smart Watch for Android iOS Phones supports 12 sports modes,walking,running,bicycle,swimming,badminton,basketball,football,rope skipping. This bluetooth calls smart watch for men women is lightweight and stylish, bringing more convenient and relaxing sports experience while also providing more protection.
- 【Your 24 Hour Personal Daily Health Monitor】Fitness watch for women men full touch screen IP67 waterproof bluetooth smartwatch for Android iOS Phones with heart rate blood pressure monitor multifunction Andriod smart watch with steps counter sleep monitor sports fitness watch, monitoring blood oxygen saturation allows you to understand your physical condition in real time to track fitness progress ,to know your health status in time.
- 【More Functions Bluetooth Call Smart Watch】This fitness activity smart watch full screen for iPhone and Android phones includes a bunch of new features including:The bluetooth smart watch can hang up the phone, receive and display WhatsAPP /Text /Facebook /Twitter /Messenger reminder.Support sedentary reminder, alarm clock, stopwatch, timer,weather information,music control, remote camera control compatible with Android 5.0 and above or iOS 9.0 and above smartphones.
Confirm the receipt number and current status in USCIS records. Preserve the withdrawal notice, the I-140 receipt notice, the underlying PERM and all supporting filings. Do not describe a pending I-140 as an approved petition, and do not promise that an unapproved petition’s priority date or other benefits can be retained. A new employer may need to start a new PERM and I-140 process.
The two different 180-day clocks for an approved I-140
People often refer to “the 180-day rule” as though there were only one clock. There are two distinct timing triggers:
Free tools Windows power users keep installed
One-click scans. No signup required.
- I-140 approval clock: 180 days measured from the date USCIS approved the employment-based petition.
- I-485 pendency clock: 180 days measured from the date USCIS received the associated adjustment-of-status application.
Write both dates down. They are not interchangeable, and reaching one does not automatically mean you have reached the other.
Withdrawal before either relevant threshold
The USCIS decision dated August 30, 2022, quotes 8 C.F.R. § 205.1(a)(3)(iii)(C): a withdrawal filed less than 180 days after I-140 approval generally causes automatic revocation unless an associated adjustment application has already been pending for 180 days or more. If your I-140 is approved but you have no I-485, or your I-485 has been pending for fewer than 180 days, do not assume the approval survives a prompt withdrawal.
Rank #3
- [Low Noise High Fidelity] New bee guitar cord with 22AWG oxygen-free-copper center conductors provides enhanced signal transfer, the PVC insulation material and the high-density stranded copper double shield provide noise rejection for quiet operation
- [Ideal for Choice] New bee 1/4 straight and right angle metal connectors, ensures a secure connection in any instrument, pedal, or amp jack. L shape great fro on stage guitar stands
- [Wide Compatible] Suitable for mixer, power amplifier, microphone, effector, decoder, equalizer, electoronic organ, electric guitar, electric bass and other electronic equipments. Widely used in the installation of smart home, karaoke speaker, professional stage audio, etc
- [Easy Disassemble] Making incidental repairs quick and easy! Very nice, flexible cable
- [Dont Hesite to Order] 24 hours customer services and professional technology team are standing by
Check the exact approval and receipt dates against the date the employer submitted its withdrawal. A USCIS notice may use different terminology from the employer’s letter, so preserve both records.
Withdrawal after one of the thresholds
The same regulation provides: “A petition that is withdrawn 180 days or more after its approval, or 180 days or more after the associated adjustment of status applications has been filed, remains approved unless its approval is revoked on other grounds.” In practical terms, an approved employment-based petition generally remains approved against withdrawal alone when either applicable 180-day condition is met.
What’s actually slowing this PC down?
Pick the symptom - the matching free tool is one click away.
That protection is limited. It preserves the petition’s approval; it does not preserve the sponsoring employer’s job offer. The USCIS decision explains that the job offer is rescinded and that a new employment-based petition is generally needed to pursue adjustment of status or an immigrant visa, unless an exception such as INA § 204(i) and 8 C.F.R. § 245.25 applies.
AC21 portability: when a new job may support the pending I-485
AC21 portability is separate from an employer “transferring” ownership of an I-140. For certain employment-based applicants in the first three preference categories, USCIS allows a job change when the I-485 has been pending for at least 180 days and the new position is in the same or a similar occupational classification as the original job.
Rank #4
- Digital Family Calendar: BSIMB digital calendar wall touch screen puts an end to your chaotic life. Designed for busy families, the digital calendar keeps you organised and in step with your family. Assign different colours and tasks to each family member to make family scheduling easier and more intuitive.
- Easy Setup and Auto-Sync: Plug in, connect to WLAN and auto-syn your electric calendar in minutes. Digital wall calendar compatible with Google calendar, iCloud calendar, Outlook calendar, Cozi calendar and Yahoo calendar. Add events directly on the device or through the ecalendar app. Electronic calendar stays current whether you're at work or traveling—no manual updates needed.
- All-In-One Home Assistant: Smart calendar builds habits and encourage independence with personalised chores. Display daily meal plan to reduce the daily ‘What's for dinner?’ stress. To-do lists keep track of everything you want. Turning chores into valuable achievements with stars and rewards, making life easier and more enjoyable.
- Manage Anytime Anywhere: BSIMB electronic calendar for family stay connected with the powerful ecalendar app. Access and manage your digital wall calendar anytime, anywhere with free features like stars & rewards, photo screensaver, chore charts, meals plans, to-do lists etc. Electronic planner paid features like Magic Import tailor advanced tools for users with special needs.
- Stay in Touch with Loved Ones: Share photos or videos from your phone to electronic wall calendar with app, instantly update your life moment, and keep in touch with your family, especially those who are far away; you can also surprise your smart calendar digital wall by sending him a wish card; it's also great for keeping tech-illiterate elders in touch with the youngsters.
How Supplement J fits in
Form I-485 Supplement J is the USCIS mechanism used to request or document portability in qualifying cases. USCIS guidance describes Supplement J for applicants who properly request to port and explains related notices. Form instructions and filing procedures can change, so use the current USCIS version when preparing a filing.
Portability is not automatic
Meeting the 180-day I-485 threshold alone does not guarantee approval. USCIS still examines whether the original case was valid, whether the new offer is bona fide and permanent, whether the jobs are in the same or similar occupational classification, and whether other adjustment requirements remain satisfied. Portability is not available to every employment-based applicant or every job change.
Before accepting a new role, compare the duties, occupation, required skills, work location and salary with the original sponsored position. Keep the new employer’s signed offer and information needed for Supplement J. Do not withdraw the I-485 merely because the former employer withdrew the I-140; the correct action may be portability, a transfer request or a new petition, depending on the facts.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Replacement I-140 and transfer of the adjustment basis
A replacement petition and an adjustment-basis transfer are related but different tools.
Replacement employment-based petition
A new employer may need to file a new PERM and I-140. An approved old I-140 can sometimes support priority-date retention, but retention is not automatic for every revocation or every category. The reason for revocation, the visa category and the governing regulation must be checked in the individual record.
Transfer to another underlying basis
USCIS Policy Manual guidance on adjustment portability and transfer explains that a replacement basis must satisfy continuity requirements and that the new basis must be properly filed and designated within the applicable timing rules. Transfer requests also have their own eligibility and visa-availability requirements and may be discretionary in some situations.
Recommended Free Tools
Do not withdraw an I-485 or request a transfer without first confirming how the action affects your current basis. USCIS distinguishes transfer of the underlying basis from AC21 portability; one is not a substitute for the other.
What to do immediately
- Obtain the exact notice. Determine whether the employer withdrew the PERM, the I-140, an I-485-related filing or something else.
- Create a date timeline. Record the DOL PERM filing and certification dates, I-140 receipt and approval dates, I-485 receipt date, employer withdrawal date and any USCIS revocation date.
- Preserve the file. Save the PERM, I-140 receipt and approval notices, I-485 receipt notice, Supplement J filings, delivery confirmations, USCIS notices and employer correspondence.
- Check the case independently. Compare the employer’s statement with USCIS and DOL case records. A company saying it “withdrew the case” does not identify which government filing was affected.
- Ask a prospective employer about a bona fide permanent offer. Confirm that the position can satisfy the applicable employment-based classification and that the employer understands its sponsorship obligations.
- Calculate both 180-day clocks. Count from I-140 approval and from I-485 receipt separately. Do not count from the withdrawal letter unless that is the event a particular rule actually uses.
- Evaluate AC21 portability. If the I-485 has been pending at least 180 days, compare the proposed job with the original classification and prepare to discuss Supplement J.
- Get case-specific advice before an irreversible filing. In particular, obtain advice before withdrawing the I-485, abandoning an adjustment application or requesting a transfer to another basis.
- Review work authorization separately. A withdrawal does not produce one universal result for H-1B, L-1, an employment authorization document or another nonimmigrant status. Check each status and authorization document on its own terms.
Common mistakes and how to avoid them
- “My employer withdrew the I-140, so my green card is automatically over.” This ignores the approval date, I-485 pendency and AC21 rules.
- “An approved I-140 guarantees the original job.” Approval protection does not keep a rescinded job offer alive.
- “The 180 days start when the employer sends the letter.” The relevant starting event is usually I-140 approval or I-485 receipt, depending on the rule.
- “A new employer can take over the old PERM.” Do not assume a labor certification is transferable; determine whether a new PERM and I-140 are required.
- “I can withdraw the I-485 to clean up the case.” Withdrawal can affect adjustment eligibility and any replacement-basis strategy. Obtain advice first.
- “Portability means any new job is acceptable.” The new job must satisfy the same-or-similar classification and other statutory and regulatory requirements.
- “My work authorization automatically continues.” The effect on each nonimmigrant status or EAD requires a separate analysis.
Questions your immigration lawyer will need answered
- What exactly did the employer withdraw, and on what date?
- Was the PERM pending or certified, and if certified, when?
- When did USCIS approve the I-140?
- When did USCIS receive the I-485?
- Has USCIS issued a revocation or other adverse notice?
- What are the preference category, country of chargeability and current visa-availability conditions?
- Is a new employer offering a permanent job in the same or a similar occupational classification?
- What independent nonimmigrant status and employment authorization do you currently hold?
These documents and dates determine whether the practical path is a new sponsorship, AC21 portability, an adjustment-basis transfer or another strategy. General information cannot decide that question for an individual case.
Quick Recap
Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.
