Does law REQUIRE I-140 to be revoked if employee leaves?

[emailraja]

Does anyone know if the law REQUIREs the I-140 to be revoked if the employee leaves?

Does the employer have to notify USCIS?

 

[Jr_Mithun]

Law doesn't require to revoke the approved I-140 when employees leave but employers do that to screw up the employees. Most probably nobody won't but it is really the terms which anybody establishes with the employer.

 

[TheRealCanadian]

Does anyone know if the law REQUIREs the I-140 to be revoked if the employee leaves? Does the employer have to notify USCIS?

There is no requirement - the H-1 regulations require that the employer notify USCIS when an H-1 employee leaves/is terminated, but this requirement does NOT extend to the I-140 (or any other non-immigrant status that is petitioned for by the employer, like O-1, L-1 or TN).

 

[emailraja]

Thanks guys. I'm on good terms with my firm and the senior executives don't want to do anything to hurt me, but the evil company lawyers (with whom I had a fight) are telling them they have to revoke it by law. Wish I wasn't so helpless. It is an unfair system.

 

[TheRealCanadian]

but the evil company lawyers (with whom I had a fight) are telling them they have to revoke it by law.

If the attorneys say that the law requires the revocation of the I-140, then ask your executive sponsors to get them to cite the section of the INA that requires this.

 

[WorryForGC]

if your employer supports then GC is for future not for current

tell the employer to tell to the joker lawyer that future job offer still exists once GC received and you will join them

Thanks guys. I'm on good terms with my firm and the senior executives don't want to do anything to hurt me, but the evil company lawyers (with whom I had a fight) are telling them they have to revoke it by law. Wish I wasn't so helpless. It is an unfair system.

 

[compiler]

Does anyone know if the law REQUIREs the I-140 to be revoked if the employee leaves?

Does the employer have to notify USCIS?

It does not matter with the law. The employer can do so. But the key is whether your I485 has passed 180 days. If so, it will become too late for them doing so; otherwise, you had better to file another I-140 from a new company. The company lawyer is correct depending on your situation. Do not be misled by a little one.

 

[TheRealCanadian]

The company lawyer is correct depending on your situation. Do not be misled by a little one.

The company lawyer is incorrect no matter what the situation is - there is NO requirement that the I-140 be withdrawn no matter how long it is pending for.

 

[number30]

It does not matter with the law. The employer can do so. But the key is whether your I485 has passed 180 days. If so, it will become too late for them doing so; otherwise, you had better to file another I-140 from a new company. The company lawyer is correct depending on your situation. Do not be misled by a little one.

In layman terms H1 is the current job you are holding so once employer takes you out of job He has take out H1 also.

Green card is for future job and not yet approved so no need to inform any one.