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harsha.mvenkata

Changing employers after filing PERM application

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Case Background:

  • I will be joining a fortune 50 tech company as a full time employee, this October.
  • I recently received a mail from the law firm that takes care of the immigration for the firm, stating that they : "are in the process of preparing and assessing a PERM labor certification application for XYZ company on your behalf"
  • I replied saying that I haven't started working as yet and would like my PERM to be filed next year.
  • I got the following reply to my mail:  "XYZ company is preparing anyone who is eligible to file PERM in advance. Please complete the Employee Draft Review and return it as soon as possible."
  • I do not plan to be with the firm for more than a year, I will move to another company/role in US

My questions:

  • If XYZ company files for my PERM application this year, can I still freely change my employer, within a year ?. I understand the my previous PERM application will not be valid anymore.
  • Will there be any negative impact on my H1B portability, if XYZ company files for PERM this year ?

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1) you understanding is correct, you can move to any company and start the PERM processing again. PERM is specific to Geographic , Position, Company and job responsibilities.

 

2) No negative impact on H1b as you can change job anytime during or after PERM approval ., but just keep in mind that u need to restart PERM  with ur new job.

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The reason why they are filing PERM is probably because the stickiest part of the process - the recruiting - is done. It's mart to piggyback on the original recruiting ad if you can.

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