What happens if I-140 is not approve

[nena08]

so my friend just filed the I-140, he has a lawyer but is confused about the case, he wants to know that are the changes of having the I140 approved and since he is working ilegally is he going to have to go outside for the visa appt.? also what happens if the I140 is not approved? does he get deported or something?

[lauren32983]

One thing about the I-140 that lawyers sometimes fail to mention is that the priority date to give them the visa is never current. It depends on his class. I know someone who has had the I-140 approved for 1 year, and the backlog for the priority date to become current is 3-4 YEARS. Apparently this could speed up at any time, but it hasn't too much yet in this year. I don't think they can deport him while the case is pending, they could start removal procedings but he could try to appeal based on his pending case. But if it is not approved, then yes , I would believe that they would begin removal proceedings.