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?
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.
You don't need to stay for 180 days in order to retain the priority date. The company withdrawing the I-140 once approved has no bearing on priority date retention. It does matter for H-1B extensions, though.
Thanks.. My main dilemma is to determine if it is worth to spend extra one month (and around 3k to pay for company) for getting it premium processed having idea that they can still withdraw it if i leave immediately
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.
You will get all the upto date info on ucern page for GC.
it doesnt seem to mention about what happens if you leave immediately after getting i140 approved. I will search today once again..
You still have to pay your I-140 gets approved. Try looking into FAQs otherwise. But if I remember it correctly it was somewhere at the bottom of GC ucern Page. I am no more with Cerner otherwise would have shared the link.
I think you should get your I140 approved before moving.