Guidance Request Regarding Simultaneous PERM Applications and H1B Max-Out Concerns

[Sri101]

Hello,

I would appreciate some advice regarding my situation.

I currently work full-time and asked my employer to start my PERM process. However, each time they reach the recruitment phase, they receive enough applications for my position and decide to restart the process after six months. This has happened three times over the past two years. Frustrated with the delays, I approached another employer, who started marketing my profile and initiated my PERM process. They have already advertised PWD and are ready to submit the PERM application in a week, considering me as a future employee.

Meanwhile, two months ago, my current employer restarted the recruitment process before my PWD expired. Since I didn’t expect much progress based on previous experiences, I didn’t focus on it. However, they completed the recruitment phase this time and submitted my PERM application last week.

Now, I am confused about how to handle the situation with the other employer. They trusted that I would join their company once I secured a project, and they are almost ready to submit my PERM application for future employment next week.

Can two employers submit PERM applications simultaneously, and will this cause any issues? I am nearing my H1B max-out, and I’m thinking that if any issues arise with one application, I can rely on the other. I’m just trying to ensure I stay in a safe situation.

I appreciate your guidance!

Thanks!

[pontevecchio]

Stick with the full-time company. It is likely that the PERM with the Full-time company is going to be approved. Is your company going to do Premium Processing of the potential I-140.?

[Sri101]

Thank you for your advice. Yes, my current employer plans to proceed with premium processing for the I-140 once the PERM is approved.

Regarding the situation with the other employer, they have already completed all necessary steps and are ready to submit my PERM application this week. I’m concerned about whether it’s acceptable for two employers to submit PERM applications simultaneously. If any issues arise with one application in future, I plan to rely on the other.

Is it permissible to have two PERM applications in process at the same time, and will this cause any issues?

I appreciate your guidance on this.

Thanks!
 

[pontevecchio]

It is not illegal. What would be illegal if they ask you for money or the expenses of the PERM? In that case, run far away from the second employer.