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
Dear All,
I want to inform the full story of my GC Episode. I am writing this on Sep-22-2004.
I was planning to apply for my GC during 2001 March. I was visiting many Attorneys office personally in Houston and through phone. I found out that, Attorney Rajiv S.Khanna was collecting the decent fees among all.
Then I checked his reputation. It was amazing. So, I contacted him through email.
Within 24 hours, with free of cost he talked to me. Listened my case and suggested me to apply through EB1 (OR).
I chosen him and his office gave me case number and opened a file for me. Then they assigned me to interact with one of Attorney’s Associates Ms.Diane D Lombardo. A Wonderful lady.
She walked through with me for the entire case (around 3 years). I could have asked at least 100 questions in my full three years, because my case was getting complicated. I lost my Job before I140 approval. I am a software engineer, so it is not a surprise for me. But, INS cannot understand that. I thought I lost my GC almost. But, Diane in continuous consultations with Attorney Rajiv rescued me from the deep problem. My sincere thanks to her.
Next Thankful person is Mathew Chaco. He also one of Attorney’s Associates. Great Person. Free to approach and also fast in responses. When my Finger Printing was not raised by INS. I approached him. He arranged for a talk to INS from Attorney office immediately. Within 30 days I got FP from INS. While many of my contemporary GC candidates are yet to get FP, I got it because of him and my GC also approved within 2 months after FP.
Next thankful Person is Ms.Suman. Over all supervisor. She talked to me several occasions. She is always to the point. If you approach for any issues. She will inform you the time for the reply. Exactly within the mentioned time (after the discussion with Attorney Rajiv or some times she arranged Attorney to talk to me) she will always reply with the possible positive answer.
All these questions I raised with them are free. Because I am a client for them.
Their office people also having excellent hospitality. Polite in answering and approachable.
BASED ON MY OWN EXPERIENCE, ATTORNEY RAJIV AND HIS ASSOCIATES ARE THE BEST LAWYER FOR IMMIGRATION RELATED PURPOSE IN USA.
Email me if you have any questions.
Good Luck.