| 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. |
The employer can revoke I-140 anytime for no reason. Although the majority of employers do not tend to revoke the I-140 petition, there are reports from practitioners in the field, that some employers inadvertently revoke I-140s when the intent was to revoke the H-1B petition, as is required under certain regulations. Some employers attempt to retaliate against an ex-employee by revoking the 1-40 petition, and some revoke I-140s because they simply do not want any extra papers bearing their names at US CIS. In the past those employers who hoped to hire more foreign nationals in the future wanted to revoke the I-140 in order to use the labor certification and substitute another foreign national as the beneficiary but nowadays it is not possible since substitution does not exist anymore. |
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Yana Tkachenko
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111
www.emvisa.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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