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employers obligation after I140

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  • employers obligation after I140

    We have sponsored an employee for immigration. They have recently had their I140 approved, but no green card yet. We feel a need to restructure the position and are no longer certain that we need her services. She has bneen a good employee for several years, however, and we don't want to endanger her green card chances nor do we want to violate any representations made during the I140 process. What is likely to happen if we terminate her?

  • #2
    We have sponsored an employee for immigration. They have recently had their I140 approved, but no green card yet. We feel a need to restructure the position and are no longer certain that we need her services. She has bneen a good employee for several years, however, and we don't want to endanger her green card chances nor do we want to violate any representations made during the I140 process. What is likely to happen if we terminate her?

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    • #3
      If she did concurent processing and its been over 6months since her I-485 has been filed, then she can use AC-21 to gain employment with another employer (in the same job category). Otherwise her GC process is pretty much toast.

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