Yes—USCIS might issue an RFE asking for the PERM approval, stalling the premium clock and wasting the $2,805 fee.

No direct penalty exists, but if the audit later uncovers issues, an approved I‑140 could be revoked, triggering more scrutiny on future filings.

Many lawyers file anyway because USCIS often holds the I‑140 in suspense until the audit clears, so worst case is simple delay, not denial.

Filing now locks your priority date; even if USCIS requests evidence, you’ll at least have the I‑140 receipt for H‑1B extensions beyond six years.