QUESTION

I am on OPT my employer wanted to apply for me for green card what happened if he didn't like the job and wanted to terminate the contract while proce

Asked on May 22nd, 2016 on Immigration - Virginia
More details to this question:
I am on OPT my employer wanted to apply for me for green card what happened if he didn't like the job and wanted to terminate the contract while process for green card petition going how should I protect my self legally to get transferred the green card petition to another employer.
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
If you are deep in the process of permanent residence and have filed an I-485 application for adjustment of status, the employer can only revoke the I-140 approval before 180 days. You could make an agreement with the company not to revoke the approval. Otherwise the most that you would be able to keep under current law is the priority date of the I-140 petition provided that it was approved.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Jun 19th, 2016 at 12:50 PM

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Your options are extremely limited. The employer has the right to cease the immigrant visa petition process at any point. A new employer may be able to petition for you or you may be able to take advantage of AC21 portability provisions but with this limited information it is hard to provide any guidance. You should strongly consider speaking to an attorney in private for case-specific advice. In the interim, you can read more about employment immigration at http://myattorneyusa.com/employment-immigration.
Answered on May 23rd, 2016 at 2:55 PM

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