Work VisaMar 29, 2019
TeslaYepM83

Switch jobs after PERM certification?

Do you guys think it’s smart to switch jobs right after the PERM has been certified. It’s been a long process getting to this point, mainly cuz it was not a priority for my company. Now the PERM has been certified and I’ll move to the I-140 stage. New job has amazing pay, perks, team and benefits. Need some sound advice from folks that might have taken this risk. Internal Immigration teams are not worth talking.

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Citibank twotimer Mar 29, 2019

Do you still got time for 6 yrs? Yes if more than 2 yrs.

Tesla YepM83 OP Mar 29, 2019

I don’t think I’m following. Can you elaborate sorry

Micron Ctkg07 Mar 29, 2019

Well, if you have a wife on h4, it’s better to postpone your joining date in the new company and file for i-140 in premium processing. This way, you can use the approved i-140 to file for a h4 ead. (H4 ead will be sccraped soon. So better get it while available) Big companies don’t revoke an approved i-140 after you leave. So that should help keep your priority date as well. I feel it’s better to get i-140 appoved in 15 days (premium processing) and then leave

Tesla YepM83 OP Mar 29, 2019

No wife or dependents yet so h4 is irrelevant to my situation. How can I ensure new company will not revoke an approved I-140?

Micron Ctkg07 Mar 29, 2019

Well, if you leave after 180 days , they cannot revike by law. But if you leave before 180 days, they may revoke. Usually only small companies bother about revoking. Big companies don’t care or bother as they have many cases and the revoke process takes time and money. Also, if you want, you can indirectly ask your attorneys. For example, you can tell that you are planning to pay for premium and wanted to know the risks before paying, like will they revoke in special circumstances like when an employee leaves or is laid off (because premium fees is not a small amount) Basically ask them cleverly and don’t make it seem that you are about to leave.

Dropbox systest Mar 29, 2019

File I140 PP and move. I doubt employer will withdraw within 6mo, especially if you leave normally (2 week notice and help to transition)

Tesla YepM83 OP Mar 29, 2019

That’s what I’m hoping for. 🙏🏻

Dropbox systest Mar 29, 2019

It costs the company money to pay the lawyer (usually external) to withdraw I140, so most big companies don’t bother. Small companies may be forced to, the sum of salaries across all pending I140s cannot exceed revenue by too much.

Cisco yipzer Jan 13, 2021

Interviewing for a grade higher within the same company (Cisco). Different team. The new job role and responsibilities are similar to what I do currently. My perm has been approved, but haven't applied for my i140 yet. Wanted to know if I could switch and still retain perm and apply for i140? Esp if the job duties remain similar Base salary:$135k