If I Resign Afyer I140 Approval Doesnew Company Needs to Initiate Whole Gcprocess Again
Below is a summary of the diverse scenarios that may impact the status of an H-1B holder if they experience employment termination as they motility through the procedure of PERM labor certification, I-140 petition, and I-485 application. The 180-twenty-four hours rule comes into play only once the I-140 petition has been approved.
It is of import to annotation that throughout the entire process, from PERM labor certification through to the issuance of a dark-green carte, an H-1B casher who has been terminated by an employer tin remain in the U.S. and work for another employer as long equally their H-1B condition is still valid.
The nautical chart below focuses on what happens in case of termination by an employer during the PERM labor certification stage or if the employer withdraws the I-140 after it has been filed or approved, including fifty-fifty after I-485 awarding.
View PDF Version
View PDF Version
*Priority date retrogression is when a priority date becomes current, only before USCIS has had a gamble to adjudicate the instance, the priority engagement retrogresses or gets pushed back. Every bit an example, if your priority date is 1/one/2021 and according to the Visa Message USCIS is processing applications with priority dates of 2/i/2021 or earlier, your priority date is current.
If a subsequent Visa Bulletin indicates that now only applications with priority dates of 12/1/2020 or earlier are being candy, your priority date of one/1/2021 has retrogressed and has fallen out of "current" status. This means y'all'll have to wait until your priority date becomes electric current again for USCIS to be able to process your application.
**Co-ordinate to the USCIS, "the bidder may exist eligible under INA 204(j) for the adjustment application (unless USCIS revokes the blessing of the petition under substantive grounds) if he or she satisfies all of the requirements to port based on a new same or like position and the adjustment application has been pending 180 days or more than at the time of withdrawal."
Portability Provision INA 204(j)
Even though the I-140 petition was revoked it remains valid for priority date retention and for portability to allow the terminated employee to secure a new task offer. The major requirement is that the new job must be "the same, or substantially similar" to the job described on the labor certification. But in that location are other eligibility factors to consider besides.
To qualify for portability under INA 204(j), the aligning applicant must see the post-obit eligibility requirements:
- The applicant is the casher of an approved Course I-140 petition or of a pending petition that is ultimately approved.
- The petition is filed in the employment-based 1st, 2nd, or third preference category.
- The applicant'southward properly filed adjustment application has been pending with USCIS for 180 days or more at the time USCIS receives the asking to port.
- The new job offering through which the applicant seeks to adjust condition is in the same or like occupational nomenclature equally the chore specified in the petition; and
- The applicant submitted a request to port. If the applicant makes a request to port on or after January 17, 2017, the bidder must submit a Confirmation of Bona Fide Job Offer or Request for Task Portability Under INA Section 204(j) (Form I-485 Supplement J).
The new task offer may be with the aforementioned petitioner or with an entirely new employer, including self-employment. Applicants can submit the portability asking and bear witness with the adjustment awarding, at any in-person interviews, or in response to a request or other detect from USCIS.
Same or Similar Job
To determine if the new job offering is in the aforementioned or similar occupational classification every bit the job listed on the petition, the following factors may exist considered when comparing the 2 jobs:
- The U.S. Department of Labor (DOL) occupational codes assigned to the corresponding jobs;
- Job duties;
- Chore titles;
- The required skills and feel;
- The educational and grooming requirements;
- Any licenses or certifications specifically required;
- The offered wage or salary; and
- Any other fabric and credible evidence relevant to a determination of whether the new position is in the aforementioned or a similar occupational classification.
For more information, refer to the portability requirements on the USCIS website.
If No Similar Job is Bachelor
Alternatively, if a like job cannot exist institute, you may consider self-employment or find an employer willing to start the I-140 process over once again. In this case, a PERM labor certification and I-140 must be filed anew.
Purpose of the 180-24-hour interval Rule
The reason for this 180-day rule is that the employee has invested their time working for an employer, instead of looking for other U.Due south. employers to sponsor them for a green carte. The employee has reason to believe that their job is needed, and that the employer will go along with their permanent resident petition.
If an employer withdraws the I-140 after it has been approved for at least 180 days or whatsoever time afterward that, the employee does not have to first over and at to the lowest degree retains an approved I-140 to exist able to find a new chore offering.
This is a built-in protection for foreign national employees in the U.S. who have gained skills and knowledge throughout their fourth dimension working in the U.S. They should have a chance to continue being employed by a U.South. company despite being allow get by the original petitioning employer.
Fraud and Misrepresentation
Your I-140 can be revoked by USCIS at anytime if there is a finding of fraud or misrepresentation in obtaining the I-140 in the outset place. In that instance, no matter when information technology is revoked, yous will lose your priority date and may be subject to other penalties which tin can hinder your chances of immigrating to the U.Southward. in the future.
Sam Shihab & Associates Can Help
If you are an immigrant with any questions or concerns regarding your immigration case, H-1B visas, dark-green card applications, or any other legal matter, speak at once to an experienced Columbus immigration attorney. A adept immigration lawyer tin can help you lot and your family unit with any immigration issues you face and defend yous if you're accused of violating clearing law.
Our immigration attorneys will review your forms and applications for thoroughness and accuracy. Clearing laws will continually alter, but an experienced clearing chaser volition always exist able to give yous the nigh up-to-date immigration advice you demand.
Nosotros have offices in Dublin and Columbus, Ohio, Michigan, and Texas. Simply our total suite of clearing law services is bachelor to clients nationwide and even around the world.
Contact us today!
Source: https://immigrationvisaattorney.com/termination-and-green-card-application/
0 Response to "If I Resign Afyer I140 Approval Doesnew Company Needs to Initiate Whole Gcprocess Again"
Post a Comment