Key Takeaways:
- After an I-140 revocation, individuals have options such as retaining their priority date or seeking alternative employment.
- H1B visa holders can change jobs or extend their status under certain circumstances through AC21.
- Consulting with an immigration attorney is crucial for navigating I-140 revocation and finding the best path forward.
Understanding I-140 Revocation
When you’re navigating the complex world of U.S. immigration, understanding your options is key—especially when facing an I-140 revocation after leaving a company. An I-140 is a petition filed by an employer for a foreign worker to become a permanent resident in the United States. This situation can create significant employer immigration issues, but knowing your rights and options can help you make informed decisions.
Options After I-140 Revocation
If your employer revokes your I-140 petition after you’ve moved on, you might feel at a crossroads. Fortunately, there are a few steps you can take to maintain your immigration status:
1. Check Your I-140 Approval Time
If your I-140 had been approved for more than 180 days before its revocation, you may still be able to retain your priority date. This means that even if you need to start the green card process over with a new employer, you won’t lose your place in line.
2. Seek Alternate Employment
Another option is to find a new job that could sponsor your visa. If you’re on an H1B visa, you are allowed to change jobs. However, the new employer must file a new I-140 petition on your behalf.
3. Explore Other H1B Visa Options
There are other circumstances under the American Competitiveness in the Twenty-First Century Act (AC21) that allow H1B visa holders to extend their H1B status beyond the standard six-year limitation, provided a new employer files a labor certification application or a new I-140 petition.
4. Consider Filing for Adjustment of Status
If a new I-140 is filed by a subsequent employer, and your priority date is current, you could potentially file for Adjustment of Status (I-485) to transition from non-immigrant to immigrant status.
Legal Consultation Is Crucial
In any case involving I-140 revocation, it is wise to consult with an experienced immigration attorney who can provide guidance tailored to your specific situation. They can help you understand the nuances of immigration law and assist you in finding the best path forward.
“Navigating employer immigration issues can be challenging, but understanding your rights is the first step to finding a resolution.”
Official Resources For Your Journey
For reliable information and resources, visit the United States Citizenship and Immigration Services (USCIS) website. It’s always better to check the official government websites for the most up-to-date policies:
Concluding Thoughts
While facing an I-140 revocation is difficult, remember that there are multiple paths you can take to stay on course towards achieving your American dream. It’s essential to stay informed and proactive about your immigration status and to seek professional advice when necessary. With the right approach, you can navigate through employer immigration issues and continue exploring your H1B visa options.
So there you have it, my tech-savvy friend! Facing an I-140 revocation might seem like a maze, but fear not! There are plenty of options available to keep your immigration dreams alive. Just remember to stay informed, consult with an experienced attorney, and explore more on visaverge.com for all the juicy details. Happy navigating!
FAQ’s to know:
FAQ 1: What happens if my I-140 petition is revoked after leaving the sponsoring employer?
If your I-140 petition is revoked after you’ve left the employer who filed it, you still have options to maintain your immigration status. If your I-140 had been approved for more than 180 days before its revocation, you may still retain your priority date. This means you won’t lose your place in the green card processing queue, even if you need to start the process over with a new employer. It’s important to consult with an experienced immigration attorney for personalized advice based on your specific situation.
FAQ 2: Can I change jobs after my I-140 is revoked?
Yes, you can change jobs after your I-140 is revoked. If you are on an H1B visa, you are allowed to switch employers. However, the new employer will need to file a new I-140 petition on your behalf. By finding alternate employment, you can continue your journey towards obtaining a green card and maintaining your immigration status.
FAQ 3: How can I extend my H1B visa beyond the standard six-year limitation in case of I-140 revocation?
Under the American Competitiveness in the Twenty-First Century Act (AC21), there are provisions to extend H1B status beyond the standard six-year limit in certain circumstances, even if your I-140 is revoked. If a new employer files a labor certification application or a new I-140 petition on your behalf, you may be eligible for an H1B visa extension. It’s crucial to consult with an immigration attorney to explore the specific details and requirements for extending your H1B status.
What did you learn? Answer below to know:
- True or False: If your I-140 petition is revoked by your employer after leaving the company, you will lose your place in line for a green card.
- What are the options for maintaining your immigration status after your I-140 is revoked? (Select all that apply)
a) Seek alternate employment
b) File for Adjustment of Status (I-485)
c) Check the USCIS official website
d) Consult with an immigration attorney - Under which act can H1B visa holders extend their H1B status beyond the standard six-year limitation, provided a new employer files a labor certification application or a new I-140 petition?
a) H1B Visa Act
b) AC21 (American Competitiveness in the Twenty-First Century Act)
c) I-140 Extension Act
d) Green Card Priority Act
