How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118128
Experience:  20+ Years of Employment Law Experience
10285032
Type Your Employment Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I have an employee on H1, we got his I-140 approved as well.

Customer Question

I have an employee on H1, we got his I-140 approved as well. He told us that he is going to go to India last month, and we provided all paperwork to get the visa stamping etc. Today I receive message that he is resigning the job. He lied to me that he is going out of country, but he did not. He was paid for last month without working, we were assuming that he will return to work next week.I will send out the H1 cancellation, but do not know how to revoke/cancel I-140. We do not need his I-140 , and want to know how to revoke that I-140 ASAP.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to send him a letter that he is in breach of contract and he owes your reimbursement for money paid when he did not work and that you will be submitting the H1b cancellation meaning he must leave the country immediately. You would also send in a letter that you are withdrawing your I-140 petition based on him leaving employment and that goes in with the H1b cancellation request. You need to also notify the employee that you will be doing so immediately.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 10 months ago.
How do I request the cancellation of I-140 and PERM that is approved for this employee? that was my question sir.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
Once the I-140 is approved it cannot be cancelled by letter. All you can do is send in the cancellation of the H1b and a letter that his I-140 was previously approved attached to your cancellation of the H1b. There is no form or other process once it has been approved.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 10 months ago.
PERM labor also cannot be cancelled?
Expert:  Law Educator, Esq. replied 10 months ago.
PERM once approved cannot be withdrawn, only a pending PERM application. Again, the cancellation of the H1b with a letter that the employee would no longer qualify based on not having a job would be all you can do, there is no other process to cancel the approved PERM or I-140