在今年新规定实施前,已经在个别案例,雇主撤(withdraw)了140,USCIS取消( revoke)了140,而不让保留PD的情况。 今年新规定只是明确说了,140批准180天或者相关的485等待超过180天,USCIS不再因 雇主撤140而取消140,而且受益人还能保留PD。 Withdrawing Your Form I-140 The petitioner or the petitioner’s Form G-28 representative may request to withdraw a Form I-140 at any time. However, if the petitioner requests to withdraw a Form I-140 that has already been approved for at least 180 days, or when an associated Form I-485 has been pending for at least 180 days, we will not revoke the approved Form I-140 and the beneficiary will retain the priority date from the form. We will consider the job offer withdrawn, but the Form I 140 will remain approved for purposes of INA 204(j) portability unless we revoke it on other grounds. See 8 CFR. § 205.1(a)(3)(iii)(C) ( revised effective January 17, 2017). In order to become a lawful permanent resident based on the continued approval of this Form I-140, the beneficiary must either obtain a new job offer under INA 204(j) or have a new Form I- 140 petition filed on his or her behalf. https://www.uscis.gov/forms/petition-filing-and-processing-procedures-form-i -140-immigrant-petition-alien-worker