Right now, there are a great many uncertainties involving green card processing. HR3012, while likely to become law, may get derailed by Senator Grassley. Cutoff dates, which have been advancing rapidly, may retrogress in the months ahead. While all of these issues are unfolding, applicants must deal with the uncertainty of continued employment with their sponsoring employers. The process offered in Mumbai can result in a qualified applicant receiving a green card in a matter of two or three months.

An employer may withdraw an I-140 at any time. It is not necessary to give notice to the employee and the employee may  not intervene with the USCIS to stop the employer or protest the withdrawal. Having said that, an employer withdrawal of an I-140 has only limited consequences. These include:

Bob is the beneficiary of an I-140 filed by his former employer, Ginormous Widgets, Inc. He stopped working for Ginormous two years ago and is now working as an H1B employee of the Acme Manufacturing Co. Acme is unwilling to file a PERM/I-140 for Bob. Bob's priority date for his old petition filed by Ginormous became current and he decided to file for adjustment of status on that basis.