0
Case Stories
⏳ EB-3 Skilled Worker Employer Withdrawal Risk - Philippines/International Nurse PD August 2024
E
· 1 views
⏳ **Case Status: Pending**
---
An international RN on OPT had an I-140 filed by a hospital sponsor with a priority date of August 2024. After leaving the job due to OPT expiration and returning to school, the employer declined to proceed with I-485 filing citing the employment gap. The I-140 remains pending without a decision.
An international nurse working as an RN at a U.S. hospital had an I-140 filed under EB-3 with a priority date of August 28, 2024. The nurse left the position in January 2025 when OPT expired and enrolled in an RN-to-BSN program. The priority date has since become current, but the sponsoring employer has declined to continue the green card process due to the employment gap. The I-140 is still pending (no premium processing), and the petitioner is seeking to understand options for preserving the priority date if the employer withdraws the petition or if a new employer takes over sponsorship.
---
**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1syibl1/hospital_decided_to_not_file_for_i485/)**
*Source: Reddit EB-3 search*
---
*This post was automatically curated from online sources to share real case experiences with the community.*
Priority date portability is a critical consideration here. An I-140 that is approved and has been pending for 180+ days can allow the priority date to be ported to a new employer under AC21 portability rules. However, if the I-140 is withdrawn before approval, the priority date is generally lost. Upgrading to premium processing now—while the employer relationship is still technically active—may be the most strategic move to lock in an approval before a formal withdrawal is submitted. Nurses graduating and re-entering the workforce in similar situations should know that approved I-140s from prior employers can significantly accelerate new sponsorship timelines.