PERM approved - Fine to transfer H1B before filing I-140?

[narain337]

Hello Murthy Forum,

 

About Me: Working full time in Texas on H1B visa. Currently in my first H1B that expires on Sep 30, 2014.

 

Question:

 

I got PERM approved with my current employer and they will do premium filing for my I-140 in three weeks (mostly in First week of April).

 

I got a job offer from a new employer and they wanted to do H1B transfer next week so I am wondering whether there will be any problem if my current employer files I-140 after new employer applies H1B transfer. ("Current employer is not aware about the new offer")

 

My joining date with new employer is April 30th and I am planning to give notice around April 14th to my current employer that I will be no longer working with them after April 29th.

 

Should I request my new employer to delay the H1b transfer process or is it fine to do the transfer before filing I-140? 

 

Please let me know if my question is not clear.

 

Thanks

[Attorney_15]

There are general rules that cover what can be done and then there is a separate question about what you should do. Generally, it does not matter whether someone has an H1B petition filed before or after the I-140 is filed. In this situation it is important to consider whether the company with the I-140 still to file will file it and continue sponsorship of the Green Card. An employer with an approved PERM case is not required by law to file the I-140 nor are they prohibited from withdrawing it. It would be a good idea therefore to consult with an attorney to consider all options and the best course of action.