Can employer refuse to rehire employee who has an approved I-140 filed by them?


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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). 

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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.

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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.

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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. 

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