H-1 Transfer and start green card application with new employer

[Manish Patel]

HI,

I am with Company A currently. Company A started the Green Card Process for me in Sept 2021. The PERM for this application was denied in Dec 2023. The lawyer applied for a reconsideration request for PERM denial in Dec 2023 and the result for this reconsideration will be issued sometime in Oct 2024. While the reconsideration request is in process, my lawyer suggested that we start a new green card process as a backup plan. I understand that a new PERM can not be filed for the same employee, same company, and same position while a PERM is already in process. but the lawyer suggested that we can finish PWD and advertisement steps and not file a new PERM until we get any decision on the first PERM (in Oct 2024). If we receive approval for the first PERM, we will stop the second GC process that we started. but if we receive a denial for the first PERM (reconsideration request), we can immediately file for the second PERM as we had completed PWD and advertisement already for the second GC process. The lawyer filed a second PWD in Dec 2023 (around the time when he filed a motion for reconsideration for the first PERM) and we got that PWD certified in April 2024. now the lawyer wants to start the second step which is advertisement. but now, company A is refusing to move forward with the second GC process.

My current H-1 is valid until Feb 2025 which is a year of extension based on the fact that first PERM is under process over a year. Company A is willing to file for another H-1 extension in Sept 2024 based on the fact that my first PERM will still be under process in Sept 2024 for more than a year. This second H-1 extension will take me until Feb 2026. So my questions are as follows for this case.

1. Once I get H-1 extension in sept 2024 which will take me until Feb 2026, can I transfer the H-1 to Company B?

2. Can Company B start PWD now (while I am employed with Company A) followed by advertisement to stay ahead of the game? So, as soon as I join Company B in Oct-Nov 2024 time frame, they can file for PERM.

Edited May 10 by Manish Patel