Change in employer - PERM filed but not approved


aadhvika

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Hi All,

I'm with Company A and my PERM was filed on July 2011. I'm waiting for the PERM approval.

In the mean time, I'm getting a good offer with a different end client (not a consulting company).

Question 1 - Can I join new employer and request current employer (Employer A) to contunue my GC process? I have 2 years left on my H1(out of 6 years)

Question 2 - Assume, my current employer agrees to this ..Is it OK and can some one please advise about the risk?

Please advise..Thank you in advance.

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Generally, a PERM application is for a future position. Therefore, it is not required for an individual to work for the PERM application petitioner until the green card is approved. However, when utilizing an approved PERM application or approved I-140 with company A for a post six year H1B extension with company B, there are some inherent risks, such as employer A eventually withdrawing the PERM/I-140. Therefore, before making any decisions is it advisable to speak directly with a qualified U.S. immigration attorney who can address the details of your specific situation. The Murthy Law Firm has a very well-regarded Greencard Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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Hi,

I applied for a PWD on 05/12/11 and received it on 05/31/11. It came with too high wage and my employer can not agree to pay me that. So we re-applied for a new PWD on 07/08/11 and now I am stuck and waiting for it.

My question is, what if this one also comes too high? What are my options? I don't want to reapply and wait for 3 more months.

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Originally posted by aadhvika:

Hi All,

I'm with Company A and my PERM was filed on July 2011. I'm waiting for the PERM approval.

In the mean time, I'm getting a good offer with a different end client (not a consulting company).

Question 1 - Can I join new employer and request current employer (Employer A) to contunue my GC process? I have 2 years left on my H1(out of 6 years)

Question 2 - Assume, my current employer agrees to this ..Is it OK and can some one please advise about the risk?

Please advise..Thank you in advance.

I am on the same boat, My employer "A" has agreed to continue with my GC even if I joined employer "B" (Actually "A" is vendor of "B"). My attorney didn't highlighted any risk but it's worth a consultation. Please keep me posted.

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