Applying PERM with other employer.

[hkmehta]

Hi

I have following situation,

I am employed on Full time employment with company A.

Now I am in talks with a consulting company B to switch

my H1B employment.

Company B is ready to apply my PERM before I transfer my H1B to them. They says it's completely legal and feasible.

But I heard that if I do that way (means employed to Employer A and apply PERM from company B), it may run into audit or the PERM itself can be rejected.

Can you please guide me on this ?

Thanks in advance ...

[rs_1973]

Where did you 'hear' that such PERM petitions will be audited and rejected? What company B is saying is right - they can start your PERM petition prior to you joining them, as green cards are for future employment. There is no requirement that you should be working for the company that sponsors your green card until after you get the green card....

[hkmehta]

Thank you for your prompt reply.