Can i Transfer H1 to new employer...once the current employer filed the PERM.

[sr0737]

my current employer filed the PERM recently. but i am planning to transfer my H1 to the different employer. is that PERM is no more useful...if so do i need to file with the same job description when i file with new employer?

Thanks,

Suresh

[pontevecchio]

Please be fact specific and you will get replies.

[Attorney_20]

Your green card case with the current employer is for a future job, even though you are currently working for them in H1B status.

The real question is whether the current employer intends to permanently employ you in the PERM position once the green card is approved. If so, the PERM is still very useful to you. If the company no longer wishes to permanently employ you upon green card approval, you will have to get another employer to file a new case for you (the job description does not need to be the same or similar since it is a brand new case). Also you would not be able to retain the priority date from the earlier case unless there is an approved I-140 for that case.

You should discuss your matter with an experienced immigration attorney who can help guide you through the H1B transfer process and the new green card case.