Current vs. Future Employment in PERM

[Attorney_22]

This week, the Murthy Law Firm attorneys will answer questions relating to current vs. future employment in PERM.   

 

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[Goodwish]

Is it possible/allowed to have a fresh PERM filed by a consultant in EB2 category when i already have an approved I140 (EB3) with my current employer?

If yes, do i still need to get experience letter from my current employer (who may not like this idea) as part of requirement to file a fresh PERM?

[muhwas]

My previous employer applied for PERM when i was working for him but now i am working for new employer but my PERM with previous employer got approved and his is willing to continue my green card. what is the best option for me.

 

1. continue green card with previous employer and join him after my green card is approved.

2. start a fresh green card/PERM with new employer

3. continue green card with previous employer and join him just before green card approval.

4. continue green card with previous employer but switch to new employer when 485 is pending for 180 days.

 

By the way in my previous PERM it was mentioned that its a travelling position which require employee to relocate to the client locaiton but my current position is not a consulting or travelling position. do you think it will cause problem if i try to use AC21? can i consider as fraudlent filing as they can say i had no intention to join my previous employer when i filled 140/485

 

by the way i am on TN and my priority date is current.

[Attorney_22]

Is it possible/allowed to have a fresh PERM filed by a consultant in EB2 category when i already have an approved I140 (EB3) with my current employer?

If yes, do i still need to get experience letter from my current employer (who may not like this idea) as part of requirement to file a fresh PERM?

Yes, it is acceptable to have a different employer sponsor you for future position through the PERM process. However, the question regarding an experience letter from your current employer will depend on whether or not you are using that experience to qualify for the future PERM position. 

[harinat]

My Current Employer applied for my PERM under EB2 which is under process  and i am into 7th year of my H1B. I got 7th year H1B extension just because my employer filed my PERM at least 365 days in advance to end of my 6th year of H1B.

 

My Question is "Can i switch employer while my PERM is under process and i am into 7th year of my H1B? and what are the consequences ".

Or What is the best time to switch employer considering my situation?

Thanks a lot for your time.Appreciate it.

[Attorney_22]

Yes, technically you can. However, if the employer you are leaving will not continue the PERM process on your behalf, you run the risk of losing eligibility to extend your H1B past the normal six year limitation. Basically it becomes a timing issue and it can be difficult to obtain an approved I-140 with your new employer prior your current H1B expiration. To discuss this in more detail it is advisable to speak to one of our attorneys over the phone.