Need to change job while my PERM/I-140 Process in progress

[vishucool]

Hi All,

I have been working in US on a Full Time position on H1-B Visa and currently have spent almost 4 years on my H1-B.
My Employer has just started my PERM Process and they have asked me to send the Experience Letters from previous employers.
I do not want to work with my current employer and thus I am looking to change my jobs, and I may get the next job in 3-4 months.
I also want to travel to India for a vacation in December and hence, until December/Jan 2nd week I may still be employed with my current employer.

One case for me could be that I get a job in the next one month (before my vacation starts) and I do provide all the necessary documents for my H1-B Transfer (for the new job) and then leave to India for vacation.
Then I come back (by that time the H1-B Visa transfer would have happened), give the notice to my current employer and join the next company.

1. Is this a safe option ? As in the next 1 month, my PERM process may also get initiated so apparently both Visa transfer and PERM/I-140 may happen at the same time.
Will my employer get to know about my next job and he could do something wrong with my H1-B ?
Or I should avoid filing for PERM process as I definitely want to change my job ?

2. Assuming my Visa transfer has been done while I was on vacation in India, will I have any issues in entering back to US ?

Need your help. Please take out sometime and suggest your views.

[shervin143]

One case for me could be that I get a job in the next one month (before my vacation starts) and I do provide all the necessary documents for my H1-B Transfer (for the new job) and then leave to India for vacation.
Then I come back (by that time the H1-B Visa transfer would have happened), give the notice to my current employer and join the next company.
>>> IT is not advisable to leave the country when a transfer is filed. The transfer might get denied or the H1B approval might come without a new I-94. If the transfer gets approved with a new I-94 when you are outside U.S, there will be compilcations with multiple I-94s. So if you are planning for a vacation, file the transfer after coming back.

1. Is this a safe option ? As in the next 1 month, my PERM process may also get initiated so apparently both Visa transfer and PERM/I-140 may happen at the same time.
>>> They both are two different things. It is not a issue to file them at the same time.

Will my employer get to know about my next job and he could do something wrong with my H1-B ?
>>> Not until you tell them or stopped showing up for work.

Or I should avoid filing for PERM process as I definitely want to change my job ?
>>> If you definetely want to change the employer, then why do you want to file the PERM and waste the employer's money?

2. Assuming my Visa transfer has been done while I was on vacation in India, will I have any issues in entering back to US ?
>>> Read the above answer. It is not advisable to travel when a petition is pending with USCIS. Alternatively file the transfer. Wait until the transfer gets approved and return back with the transferred petition and start working for the new employer. You cannot entere with employer A's petition and start workingf or employer B since the I-94 that you will get the POE will be associated with employer A (Based on the petition that you show).

[kadkhiq81]

Need to change job while my PERM/I-140 Process in progress

Your transfer would not have any effect however you cannot port the PD if you switch employer without I 140 approval.

This is my opinion

[kadkhiq81]

Need to change job while my PERM/I-140 Process in progress

Yes and it is possible to retain PD when your new employer apply for a fresh PERM/I I40. Check with your attorney to confirm this.

[manish359]

Yes and it is possible to retain PD when your new employer apply for a fresh PERM/I I40. Check with your attorney to confirm this.

Hi,

I had similar query, I am planning to change my employer while my I 140 filing has started (in PP), it may happen that both I 140 and H1B transfer (in PP) will be in process at the same time. Please confirm if this can cause any issue in completion of either of the processes?

In case the I-140 is not approved timely due to a RFE and therefore i have let go of it since my future employer may not give me time to wait to get the RFE resolve, then will it have any impact in future when my employer files for a new PERM/I-140?

Please provide your inputs at the earliest.

[kadkhiq81]

Need to change job while my PERM/I-140 Process in progress

I 140 is for your future employment and it will not impact your current H1 transfer.

No, it will not impact your future process however you cannot port your PD without I 140 approval from current employer.

I would recommend to wait for I 140 decision as the result will be in 15 days. Atleast it will justify the time and effort (Money If any) that you have spent for your PERM process.

This is my opinion