Are employers legally bound to withdraw I-140 petitions if employee changes jobs

[amaner1]

Hello Everyone,

I had started green card processing with my previous employer. The I-140 has been approved. My priority date is in 2005. I wanted to use this priority date when filing for green card with the new employer. I have paid for the entire process including lawyer fees etc.

My previous employer is saying that all employers are legally bound to withdraw petitions for employees who change jobs. I know that employers can withdraw petitions but are they obliagted to do so? Also, will there be legal issues, both for them and me, if the petition is not withdrawn?

Thanks and regards,
AM

[bhalu001]

Not at all.

No. The employer is not legally bound to withdraw.