Reg I-140 filing while moving out of company


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I have my Labor approved with my present employer (desi consulting) and he will be filing my I-140 sometime in future.

But I have a full time offer which I have accepted and they have transferred my H1.

Now I have to give my 2 weeks’ notice to my employer.

But I am thinking to press my employer to file my I-140 sometime this week in premium processing; I want to give my notice once he files it so that I will be able to know the decision before I can leave the company.

So is it ok if he files my I-140 when he is not holding my H1 but I am on his payroll?

I am not sure if I it’s correct to give my notice period after my employer has filed my I-140?

If it gets approved I can use this date once I immediately move out of the company?

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An employer should only file an I-140 petition on an individual's behalf if they are still intending to employ that person in the proffered position as stated on the PERM Labor Certification no later than when the person receives their Green Card. If you, as a foreign national Green Card application beneficiary, have no intention to work for that employer in a full-time, permanent basis when you receive your Green Card, than an I-140 petition should not be filed on your behalf.

If you have specific questions in regard to your case, I recommend that you contact a knowledgeable immigration attorney in regard to your case.

The Murthy Law Firm has a very well-regarded Greencard Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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