My current employer filed my I-140 2 weeks ago and I got offer from another company. Do I need to pay current emploer even if I leave before my I140 gets approved? Not sure how to get accurate info on this. Wondering if anyone else was in similar situation. Or should I go for premium processing and get it approved and then submit resignation? What are the chances of Cerner withdrawing my 140 in that case?
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- New / EngFun22TangoNot necessarily. You can switch at any time. But here's the trick. An Approved I-140 ensures the date that the PERM was applied as the "Priority Date". If you switch within 180 days from the date of I-140 Approval, employers have the authority to revoke the GC process thus far, so Priority Date is lost. Switching after 180 days of I-140 Approval helps with "porting" the said "Priority Date" with the new employer's GC process. About paying the employer, well that's between you and your employer, most Consulting Companies have that arrangement with their employees, while Full Time Employment does not even bring in such an arrangement.
- The reason you’re paying the fees is so they don’t withdraw your application.. Cerner doesn’t revoke the application as long as you reimburse them for the legal fees which i think is fair.. they didn’t in my case nor my roommate’s. If I were you I would get it done ASAP through premium and then leave after paying the legal fees .. it’s TOTALLY worth it ..
Get that priority date confirmed
- Thumbtack tteng@cernkc
1. The day your Labor Application (PERM) was filed is your priority date. This is transferable if and only if you have an I-140 approved for 180 days before you switch jobs.
2. Your current employer revoking the I-140 has no bearing on anything.
3. Your new employer will only start your GC process in 3-6 months. For them to get to I-140 will take about 8-12 months from when they start.
4. Last thing to consider is if you are hitting your 6 year limit on H1B. If so, in order to get further extensions, you need to have an I-140 approved.May 141
- An employer can withdraw i140 in the first 180 days after i140 approved. For Indian origin, estimated EB3 current priority date wait is a minimum of 17 years.