| Q. |
Revoking an I-140
What are the rules regarding revoking of I-140?
Can an employer revoke an I-140 any time for no reason? Or does the employer have to prove that it has another employee with similar qualifications that it needs to apply I-140 for?
User's Location:
San Francisco, California, United States of America
Category:
Employment-based Green Card
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| A. |
An employer doe snot need a specific reason to withdraw an I-140. It is up to the employer whether they want to continue to sponsor a foreign national for the permanent resident process. They are under no obligation to do so and they do not need a specific reason in order to request a withdrawal of the I-140. There may be an employment law issue to pursue, but there is no immigration law that is violated.
As an FYI, employers can no longer susbtitute foreign nationals for an already approved labor certification. In addition, the employer does not need to show that another foreign national is qualified if they want to stop the green card process for someone else. They may do so without giving a specific reason. Again there may be an employment law issue to address if certain things were promised, but nothing under US immigration.
Regards,
Andrew M. Wilson, Esq.
awilson@srwlawyers.com |
| |
Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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