H1B Transfer and PERM filing with a new employer

[rockford]

Hello,

I am in the fifth year of my H1B (ending in Sep 2012). I am a direct employee in a company and have never been a consultant.

Lately, I've been put in a dilemma by my current employer X. I've been with them for over 4 years and they always genuinely said that they would do the green card. However, once the actual labor certification process started earlier this year, they are not too sure about it. They fear they will get too many resumes and they won't be able to reject them all (we've had some layoffs last year and the year before). So, that directly puts my employment in jeopardy with them. Due to this fear the company now won't even post the job ads in papers/boards, because they are certain they will find someone (may be an ex-employee who was laid off).

Anyways, so a couple weeks of ago, they informed me about the situation. In theory, I can continue to work with them till my H1 expires next year but that's not practical. In essence, they have asked me to find a job who will sponsor the green card while I can continue to work there.

Meanwhile, I've been giving interviews with other companies and I believe I'll find a new job soon with another company Y (I'm thru the technical interviews already). Company Y has shown great interest in me and hopefully they'll make an offer soon. I had interviewed with company Y in last February but the process has been very slow.

So, now to my question, I applied to company Y thru a legit job board. They had posted the job in various job boards and on their website. If Y hires me and agrees to do green card right away:

1) Do they have to go thru the labor process all over again (job postings and waiting etc)?

2) Can they directly file PERM since my hiring would have been thru an actual job search/postings?

3) Is it OK to do H1B transfer and start filing for PERM simultaneously (or may be after few weeks once H1B is transferred)?

Personally I think, it's only logical that the company can file PERM for me directly since they already went thru the job posting, search and interviews. But, I'll wait for experts to opine before assuming things.

My appreciation for reading and responding to my case.

[goodnews11]

Here are the answers - you may have to confirm with attorney of Company Y

1) Do they have to go thru the labor process all over again (job postings and waiting etc)?

Not necessary if Company Y maintains your recruitment cycle documents in Order.

But the check point is , the PERM process requires paper advertising too...which you have to check with Company Y

2) Can they directly file PERM since my hiring would have been thru an actual job search/postings?

Yes - if they have followed all the PERM proceedings(paper and online advts) and have supporting documents

3) Is it OK to do H1B transfer and start filing for PERM simultaneously (or may be after few weeks once H1B is transferred)?

Yes Possible - if PERM proceedings(paper and online advts) and have supporting documents

are available with Company B

[SameerH1Bworker]

1) Do they have to go thru the labor process all over again (job postings and waiting etc)?

- It depends on how the posted job opening & whether they followed PERM standards or not. before PERM Job posting, it requires to have Prevailing Wage Determination step too.

2) Can they directly file PERM since my hiring would have been thru an actual job search/postings?

- check point 1's answer.

3) Is it OK to do H1B transfer and start filing for PERM simultaneously (or may be after few weeks once H1B is transferred)?

- Yes they can start your PERM process simultaneously. In fact they can even start before you join them, as this process is for future employment.

[rockford]

Thanks goodnews11.

Originally posted by goodnews11:

Here are the answers - you may have to confirm with attorney of Company Y

1) Do they have to go thru the labor process all over again (job postings and waiting etc)?

Not necessary if Company Y maintains your recruitment cycle documents in Order.

But the check point is , the PERM process requires paper advertising too...which you have to check with Company Y

2) Can they directly file PERM since my hiring would have been thru an actual job search/postings?

Yes - if they have followed all the PERM proceedings(paper and online advts) and have supporting documents

3) Is it OK to do H1B transfer and start filing for PERM simultaneously (or may be after few weeks once H1B is transferred)?

Yes Possible - if PERM proceedings(paper and online advts) and have supporting documents

are available with Company B