can I-140 be revoke?

[juliaM]

Hello All,

I have a couple of questions for the immigration experts, if an employee volantarily terminates his/her employment with an approved H1B and approved I-140 approval date March 19, 2012 (<180 days) and I-485 was not filed since priority date is not current, finds another employer in the US:
(1) what will happen to those approved petitions;
(2) is there a way for an employer to revoke those approved petitions since the employee did not comply to the agreement for sponsorship for permanent residency;
(3) can the employee continue working in the US with the same profession.
(4) what is the best advice for the employee so that the immigration status wont be affected.

Thank you and looking forward to your response.

Julia Mug

[shervin143]

(1) what will happen to those approved petitions;
>>> The employer can revoke those petition. But that should not cencern you as you are no longer employed with that employer. Even if the employer did not revoke those petitions, it is of no use to you anymore.

(2) is there a way for an employer to revoke those approved petitions since the employee did not comply to the agreement for sponsorship for permanent residency;
>>> Very much possible.

(3) can the employee continue working in the US with the same profession.
>>> Possible if a H1B transfer is filed with a different employer. Advisable to join the new employer only after the H1B transfer gets approved.

(4) what is the best advice for the employee so that the immigration status wont be affected.
>>> File the H1B transfer and join the new employer after the transfer gets approved. Once you join the new employer, whether the old employer revokes the H1B petition or not should not be your concern as it will not affect you anyways. The new employer will have to start the GC process right from scratch again. However if you have a copy of your previous I-140 approval notice, then you can port the priority date to file form I-485. How much time is left in your H1B CAP? Are you close to or already completed 6 years in the H1B CAP?

[svch]

Will the copy of 140 approval notice do to port the priority date?

If we want to port the priority date, is the copy enough or do we need to have the original I-140 approval notice? because usuallly previous employers wont provide us the copy of the original.

If we change the employer right after the 140 is approved and we have the copy of the approval notice, can we port the same date with the new employer? is there any 180days or some period should be allowed before me make a job change in order to port?

Thanks in advance.
Sri

[shervin143]

If we want to port the priority date, is the copy enough or do we need to have the original I-140 approval notice? because usuallly previous employers wont provide us the copy of the original.
>>> A copy of form I-140 (that is filed on your behalf) is enough to port the priority date.

If we change the employer right after the 140 is approved and we have the copy of the approval notice, can we port the same date with the new employer? is there any 180days or some period should be allowed before me make a job change in order to port?
>>> You can change the job anytime after the I-140 is approved. Only when changing jobs in EAD, you will have to wait for 6 months.

[juliaM]

(1) what will happen to those approved petitions;
>>> The employer can revoke those petition. But that should not cencern you as you are no longer employed with that employer. Even if the employer did not revoke those petitions, it is of no use to you anymore.

(2) is there a way for an employer to revoke those approved petitions since the employee did not comply to the agreement for sponsorship for permanent residency;
>>> Very much possible.

(3) can the employee continue working in the US with the same profession.
>>> Possible if a H1B transfer is filed with a different employer. Advisable to join the new employer only after the H1B transfer gets approved.

(4) what is the best advice for the employee so that the immigration status wont be affected.
>>> File the H1B transfer and join the new employer after the transfer gets approved. Once you join the new employer, whether the old employer revokes the H1B petition or not should not be your concern as it will not affect you anyways. The new employer will have to start the GC process right from scratch again. However if you have a copy of your previous I-140 approval notice, then you can port the priority date to file form I-485. How much time is left in your H1B CAP? Are you close to or already completed 6 years in the H1B CAP?

Is GC process the Labor Certification Proces and refilling of I-140 from the new employer? I appreciate and thank you for your comments and expertise... My current employer just renewed my H1B and my sixth year will be on April 2015... The prospect employer will sponsor me, however I have to pay all legal and filing fees... What is the safest option for me so I wont jeopardize my immigration status... Thanks.

[shervin143]

I have no clue what you are trying to ask. Paying for GC is pure illegal.

Is GC process the Labor Certification Proces and refilling of I-140 from the new employer? I appreciate and thank you for your comments and expertise... My current employer just renewed my H1B and my sixth year will be on April 2015... The prospect employer will sponsor me, however I have to pay all legal and filing fees... What is the safest option for me so I wont jeopardize my immigration status... Thanks.

[juliaM]

I have no clue what you are trying to ask. Paying for GC is pure illegal.

You have mentioned on your first response "File the H1B transfer and join the new employer after the transfer gets approved. Once you join the new employer, whether the old employer revokes the H1B petition or not should not be your concern as it will not affect you anyways. The new employer will have to start the GC process right from scratch again. However if you have a copy of your previous I-140 approval notice, then you can port the priority date to file form I-485. How much time is left in your H1B CAP? Are you close to or already completed 6 years in the H1B CAP?" .

"the new employer will have to start the GC process right from scratch again"... What did you mean by that? I have 3 more years for my H1B which expires 2015 and that would be my 6th year....