I-140 filed.. switching company.

Cerner / IT cernkc
May 12 22 Comments

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?

comments

Want to comment? LOG IN or SIGN UP
TOP 22 Comments
  • New / Eng Fun22Tango
    Not 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.
    May 12 8
    • Nutanix IAfY62
      How does it affect h1b extension?
      May 12
    • Citadel Securities wagecuck3
      If the I-140 is revoked because the employer withdraws it within 180 days, you can't use it for post-6th year H-1B extensions.
      May 12
    • Cerner
      eddy

      Cerner

      PRE
      Cerner Corporation
      eddymore
      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
      May 14
    • 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 14
    • Cerner / IT __cern
      Yeah, thats what I figured out.. I will probably get it approved before switching. Thanks guys
      May 14
  • Amazon trailblzer
    I think you should get your I140 approved before moving.
    May 12 0
  • Cerner / Eng Zenobia
    You will get all the upto date info on ucern page for GC.
    May 12 8
    • Cerner / IT cernkc
      OP
      my new employer will start the process in 3-6 months and i dont have an immediate need of i140 at this point (not in next 6 months atleast)
      May 12
    • Cerner / Eng Zenobia
      You have to wait 180 days for I-140 to be completely in your hands. Cerner can still revoke I-140 if you leave a month after it getting approved, but not after 180 days.
      May 12
    • Cerner / IT cernkc
      OP
      do you know of a case in recent times where Cerner withdrew someone's i140 for leaving immediately?
      May 12
    • Cerner / Eng Zenobia
      Nope not aware of any.. I guess they don’t if u pay
      May 12
    • Cerner Czfx65
      I left immediately after my approval. You need to pay the around 1440. They don't revoke the petiton.
      May 14
  • Amazon
    seattle'd

    Amazon

    PRE
    Amazon, Salesforce, Google, Microsoft, Apple
    seattle'dmore
    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.
    May 12 2
    • Cerner
      eddy

      Cerner

      PRE
      Cerner Corporation
      eddymore
      No it’s not .. it’s well over 100 years 😅
      May 14
    • Amazon
      seattle'd

      Amazon

      PRE
      Amazon, Salesforce, Google, Microsoft, Apple
      seattle'dmore
      I think, that 150 years wait is for EB2.
      May 14