PERM application filed - Want to move to a new company

[tejaswiyvs]

Hello folks,

So here's my current situation: I have a valid H1b visa for 12 months, and maybe another 2 months of re-capture time (14 months total). My current company filed a PERM for me 4 months ago (Feb '15). I however have received a new offer from one of the big tech companies and I'd like to move and not tie myself back to the PERM. However, this, you've probably realized is risky since I only have 14 months on my current visa.

Here's where things get interesting. I've joined my current company when it was very small (5 years ago) and know the founders very well. They are happy to hold on to my PERM till it gets approved and not withdraw it. Once it does get approved, can I have my new employer refer to this PERM and renew my H1b visa ? In case the PERM gets audited, would the previous scenario still apply?

Thanks,
Teja

[shervin143]

You will need the I-140 approval if you want your new employer to extend your stay beyond 6 years in H1B.
PERM approval can be used only if you are working with the same employer (With the intention of I-140 being filed). So to get extension beyond the 6th year, your new employer will either need to file a new PERM 12 months before your 6th year end or your current employer should file I-140 and that should get approved.