Guestbook Entry for Ameer Azimuddeen, United States
Name
Ameer Azimuddeen
Country
United States
State
Massachusetts
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PERM Processing Times (as of 11/30/2021)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | June 2021 |
| Audit Review | February 2021 |
| Reconsideration Request to the CO | June 2021 |
Agency
Green Card
Immigration Law
Leaving employer while an I-140 is pending
Question details
I am in a situation where my current employer has filed PERM and as per the timelines there are high chances that it will be approved till January. And as per immigration team in the current company says it could take a week or two to file for I-140. I am going to pay for premium processing. But at the same time, I have accepted an offer from another company and the start date is 31st January. I am sure that I-140 would not get approved till then. Can I pay for premium processing, leave after they file the I-140 and before it gets approved? Will it go through?
PS: As per company's policies they don't revoke I-140 of the employees if they leave before 6 months.
Theoretically, an I-140 does not require you to be continued to be employed by the petitioning employer. You could leave after applying, but if there is an RFE, the employer would not be motivated to respond to it. As a practical matter, there is a second difficulty as well.
FAQ Transcript
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com
PERM FAQ 2 from DOL website
For additional FAQs on PERM and Backlog, please see the links below:
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PERM Statistics
- DOL Statistics on PERM Processing - Updated April 09, 2008
- DOL Statistics on PERM Processing - Updated April 09, 2008
- ETA Releases FY 2007 PERM Disclosure Data - Updated February 28, 2008
DOL Announces Changes in Non-Electronic Filing of Applications for Permanent and Temporary Foreign Labor Certification
[Federal Register: March 5, 2008 (Volume 73, Number 44)]
[Notices]
[Page 11954-11956]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr08-104]
-----------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
Non-Electronic Filing of Applications for Permanent and Temporary Foreign Labor Certification
AGENCY: Employment and Training Administration, Labor.
ACTION: Notice.
-----------------------------------------
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Discussion Topics: FAQ: L-1B or TN visa for intracompany transfer - advantages and disadvantages || STEM-designated MBA - is it easier to get an H-1B visa?|| Parent's EB-2 approved, EB-3 downgrade pending, - will aging-out child's EAD interfere if EB-2 advances, and the best way to maintain the status of a child turning 21|| Do we have to refile PERM or I-140 0r I-485 due to corporate restructuring/successor-in-interest
I thought that i might have to go back to India permanently because labor process is taking 12-18 months.Also i filed my greencard after 4 years of my workpermit (H1B).Awesome work by Mr. Khanna, seema & his team .Rajiv Khanna's office handled my case professionally even at this time of recession.
i got prompt responses from seema for all my queries.I want to convey my special thanks to Mr. Khanna and his team.My labor process got approved.