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Can I Change My Job While Perm Is Pending

Discussion in 'Immigrant labor certifications (PERM)' started by Pravin, Feb 12, 2016.

  1. Pravin

    Pravin New Member

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    I am currently working for Company A as a Technical Lead. Company A has submitted my Perm application with Dec 2015 priority date. My current H1B is valid until April 2017 which is my 6-year completion in US.
    I am getting an offer from US based company B for same job position.

    1. Can I change my job now while my Perm application is pending approval?
    2. I know Company B will file my Perm again. Are there any risks of rejection in such cases?
    3. I know H1B transfer and Relocation Amendment should be completed by Company B to be safe. Are there any other tasks that should be completed from Company B before I resign from Company A?
    4. I believe Company B will have to go through advertisement and other stuff after I join them which will take around 2-3 months before they file my Perm again. What will happen to my current Perm application during this period since I have already resigned from Company A?
    5. Even though I resign Company A and join Company B and Company B files my Perm after 2 months of joining, will my Priority Date still remain Dec 2015?
     
  2. Santy

    Santy Guru

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    1. Yes you can change your job, there is no risk to your new job. Remember, you will lose your priority date if Company-A withdraws your perm or doesn't file I140 once the perm is approved within 6 months.
    2. There shouldn't be any risk. You can file unlimited number of GC applications.
    3. If Comany-B is a US based MNC then their HR will/should talke care of H1B and GC expenses.
    4. It will be a new perm from scratch.
    5.No... Unless you negotiate with Company-A not to revoke the Perm. You can port the date only if the 140 gets approved.

    Points to ponder:
    1. You should definitely try to negotiate with Company-A not to halt your GC process.
    2. One of the deciding parameters should be to think if you are fine leaving your current priority date. You will be late approximately by an year.1 year delay in this choked GC queue is roughly equivalent to 2 years delay in getting GC unless some law comes in near future to help us.
    3. Your 6th year completion date on H1B is close and you don't have an approved 140. This is a risk.
     
  3. Pravin

    Pravin New Member

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    Consider the scenario where I join Company B now and they apply for my Perm after April 2016. Since my 6 years complete in April 2017 and if my Perm doesnt get approved until April 2017, I know I will have to leave US and come back on a new Visa.
    My questions are:
    1. Will my Perm processing halt if it doesnt get approved by April 2017 and I have to go back to India?
    2. If my Perm continues and gets approved, can I come back to US after visa stamping using my approved Perm OR I still have to get a new H1B visa before coming back to US?
     
  4. Santy

    Santy Guru

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    1.Perm process will/can continue but you need to go out of the Country if you exhaust all your 6 year limit.
    2. USCIS issues H1 calculating the 6 year limit, assuming you don't have labor or 140 approved so the new H1 with Company-B will most likely have the validity till your 6 year limit with +/- few days. So in short you will most probably have to come on a new H1B Visa.


    Remember, you get two short life line:
    1. You can recapture the time which you spent outside of US in these 6 years. I assume it will give you additional 2-3 months.
    2.You get 1 year H1 extension if your labor is pending for more than a year.
     
  5. Pravin

    Pravin New Member

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    I know I have too many questions but please bear with me and I really appreciate your patience :)

    Questions:
    1. If my new company B applies for Perm and I go have to go back since Perm dint get approved by April 2017, I understood that my Perm processing will still continue. If it gets approved while I am in India, can I come to US based on this Perm approval OR should I have to get a new H1B and then come to US?
    2. My actual max out is April 7 2017. I have learnt that if my new company applies for Perm on or before April 6 2016, I can go for 1 year extensions if my Perm approval is still pending until April 2017 and I will not have to go back to India in this case. Is this correct?
    3. In one of your answers above, you indicated that year change will have bigger impact if my Priority date changes. My current priority date with Company A is Dec 2015. If my new company B applies for Perm and I get Priority date of April 1 2016, how big of an impact it is considering that it moved by 4 months? Is the impact only with the number or applicants that got added in these 4 months or something else that I am not seeing?
     
  6. Santy

    Santy Guru

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    1. You will have to come on a new H1 based on either perm approval or 140 approval.
    2.Correct.... BUT if Company-B has not started the GC process yet then you will not be able to achieve the April,6,2016 date. You will get a priority date of somewhere around July,2016 assuming Company-B starts your GC process tomorrow.
    3. There is a disconnect with the dates. Talk to your new company or the attorney. Ask them about their plan to start the GC process and what they expect to be your new priority date. As I said, it's a risk. Play safe.
     

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