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noncitizen took up the job or report- (respondent who left certified train- ee Matter of Rajah, 25 I.&N. CFR § 204.5(e) when starting all over
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ed for work, and then left later due ee weaver job after 5 days for a fiber Dec. 127 (although the foreign work- with a new labor certification and
to a change in intention (as a result glass repairer job because he did not er is not required to be employed at I-140 petition. If the date is current at
of finding a more attractive job else- like the former job was not found to the time of adjustment, he must still the time the I-140 will be filed, then a
where), this individual could not be be deportable because he still had a show the continued existence of an concurrent I-485 application can also
found excludable or deportable. In valid certification at time of entry). offer of employment as set forth in be filed.
Matter of Cardoso, 13 I.&N. Dec. the labor certification and I-140, and Given the glacial pace in adjudi-
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228 (BIA 1969), the respondent, a Notwithstanding, the USICS during must also demonstrate an intent to cating I-485 applications to comple-
Portuguese citizen, was sponsored to a naturalization interview may still accept employment). Therefore, it tion, it is unlikely that the USCIS will
work for a Rhode Island employer as determine that lawful permanent would be safest if there has been a currently issue an RFE within 180
a braider tender. Upon reporting to residence status was not properly termination during the twilight pe- days from its filing, although this blog
the employer with his wife for work, obtained, or even prior to natural- riod – when the I-485 has not been provides guidance on steps that need
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the foreman indicated that there was pending for 180 days – to have anoth- to be taken just in case the USCIS be-
a possibility that both would be laid ization, the USCIS could rescind er employer file an H-1B extension. comes efficient!
off if they both worked for the em- that status. Even if the foreign work- Even if the USICS denies the I-485 *Jessica Paszko is an Associate
ployer. Based on the foreman’s well er can argue that they intended to application if there is an RFE before
intentioned advice, who also stated accept employment there may have the 180 days, which cannot be com- at Cyrus D. Mehta & Partners PLLC.
that he would keep the braider ten- still not been a valid offer of employ- plied with, the foreign worker will be [This blog is for informational purposes
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der job offer open, the respondent ment after the foreign worker was in H-1B status through another em- only and should not be considered as a
worked elsewhere first as a shoelace terminated. ployer and that new employer can re- substitute for legal advice]
tipper and then as a bobbin machine capture the old priority date under 8
operator. The BIA held that it could _________________________________________________________________________________________________________
not impugn the validity of such an Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta & Partners
admission where a person reported PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Committee; former
for work and did not take up the job chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary Committee, Appellate
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under the circumstances described Division, First Department, New York; member of the ABA Commission on Immigration; board member of Volunteers for Legal Ser-
above or if the person worked for vices and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American
Immigration Council and former chair of the Committee on Immigration and Nationality Law of the New York City Bar Association.
some time with the certified em- He is a frequent speaker and writer on various immigration-related issues, including on ethics, and is also an adjunct professor of law at
ployer but quit because he did not Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta received the AILA 2018 Edith Lowenstein
like the work or found a better job Memorial Award for advancing the practice of immigration law and the AILA 2011 Michael Maggio Memorial Award for his outstand-
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elsewhere. See also Matter of Mar- ing efforts in providing pro bono representation in the immigration field. He has also received two AILA Presidential Commendations
coux, 12 I.&N. Dec. 827 (BIA 1968) in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded lawyers in North America by Who’s Who Legal – Corporate
Immigration Law 2019 and is also ranked in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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