h1i140 Posted January 12, 2018 Report Share Posted January 12, 2018 If the employee has an approved I-140 filed by employer A and then the employee moves to employer B. Can employer A, any time in the future, refuse to rehire the employee? If they can refuse, under what circumstances? Please provide your inputs. Thank you. Background: employee has done masters in USA an got hired directly in USA earlier and has an approved I-140 filed by the same employer (approved more than an year back). Link to comment
zoomzipper Posted January 12, 2018 Report Share Posted January 12, 2018 Yes of course the employer can refuse to re-hire you and also withdraw the I-140. Link to comment
Surfer123 Posted January 12, 2018 Report Share Posted January 12, 2018 Yes of course - any companies hiring practices will be based off their needs. Link to comment
NotAnAttorney Posted January 12, 2018 Report Share Posted January 12, 2018 They can refuse at all times. They seems to be real good employer, as they had still not withdrawn their 140 petition. They are not obliged to rehire. Link to comment
Centepede Posted January 12, 2018 Report Share Posted January 12, 2018 If employee leaves employer A and moves to Employer B and then wants to return to Employer A then in all circumstances employer A reserves the right to make an offer for re-hire. I am assuming you signed "At-will" employment agreement which means you left them at your will with or without notice. Re-hire although the wording suggests as such, from labor department perspective it's still a new offer and new employment started. Link to comment
h1i140 Posted January 12, 2018 Author Report Share Posted January 12, 2018 Thanks for responses. I have few doubts as I probably might have wrong understanding. What is the use of I-140 then? Isn't I-140 (GC application) referred to as future employment scenario? what consequences does the employer A face when they refuse to rehire employee - does that mean that employer A will never hire anyone with the same skill set in the future too? If that is the case, isn't it a major concern for major consulting firms because they definitely need to hire employees with skill set matching a particular job title. Please provide your inputs. Link to comment
Centepede Posted January 12, 2018 Report Share Posted January 12, 2018 57 minutes ago, h1i140 said: does that mean that employer A will never hire anyone with the same skill set in the future too? Simply put, employer can state that "at current time the same job position is not open or skills are no longer required at current time" They can switch this statement to hire someone else anytime they want. Link to comment
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