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 |
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Guestbook Entry for M Jawad ULHaque, United States
Name
M Jawad ULHaque
Country
United States
State
Illinois
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
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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
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