Changing Employer( but doing same Work with same client),once PERM gets approved?

[CanadaIndianGuy]

hi All,

I am currently working for IT Consulting firm A for client B on Work Permit(TN1 visa). I am having around 12 yrs of IT Analyst Programmer Experience. Now after negotiating with my Employer A, they are going to file my PERM soon. In the meantime, I have seen a chance to get into the Direct Employment with the Client B.
I am in a Dilemma, whether I should postpone my PERM procedure with the Current Employer A, until I figure out the Employment option with Client B!

1) How long does it normally take to get the PERM approved? I might apply in EB2 Or Eb3 category after discussing with the Lawyer.

2) If I apply for PERM with Employer A and get its approval within 3-4 months, is it possible for me to Continue the Rest of the GC process with the Client B ( after accepting their Employment Offer)? Or Do I need to start the PERM process all over again, as if it was Never applied before?
In other words, can I possibly buy the PERM from the current Employer A to Transfer my GC process with client B ( the new Employer at that time)? Please note I would be working at the same Workplace having the same Role, the only difference being I would be an Employee with client B rather than a Consultant!

Your feedback would help me in taking this decision, whether I should let my current Employer apply for the PERM process now Or it would be just wasted after changing the Employment ?

 

[TheRealCanadian]

If I apply for PERM with Employer A and get its approval within 3-4 months, is it possible for me to Continue the Rest of the GC process with the Client B ( after accepting their Employment Offer)? Or Do I need to start the PERM process all over again, as if it was Never applied before?

A Labor Cert is not portable and is employer specific. I'd ask employer B to file a PERM LC for you as a condition of working for them.

 

[CanadaIndianGuy]

RC, Thanks for your reply.
Now, the new Employer ( client B) wants me continue working under the current contract with Employer A until Dec 08. And then, they will probably offer me the Employment.

Now it is very much possible for them to Allow me Continue working with Employer A for another SIX months ( till Jun 09 or so) ,if I Request them about my Ongoing GC procedure. At what stage of the GC would it be possible for me to switchover to the Client B?? If everything goes well, I might get the I-140 approved by Jun 09 from employer A.

Please advise!

 

[nscagony]

Once I-140 has been approved and I-485 has been pending for more than 6 month you can switch. But thats probably at least 18 month away.

 

[TheRealCanadian]

Now it is very much possible for them to Allow me Continue working with Employer A for another SIX months ( till Jun 09 or so) ,if I Request them about my Ongoing GC procedure. At what stage of the GC would it be possible for me to switchover to the Client B?? If everything goes well, I might get the I-140 approved by Jun 09 from employer A.

Tell them to file a PERM LC for you and an I-140, and once you have an EAD in hand you'll be delighted to work for them.

 

[simsd]

CanadaIndianGuy,

If your country of birth is India then you have a lot of time either way. You will not be considered Canadian for the green card process. You could always start the process with either company. If you start with company A and then move to B, if memory serves me correct, then you can always do another PERM with company B while retaining the same priority date as you had with company A (someone out there, set me straight if I'm wrong about this please).

 

[TheRealCanadian]

If you start with company A and then move to B, if memory serves me correct, then you can always do another PERM with company B while retaining the same priority date as you had with company A (someone out there, set me straight if I'm wrong about this please).

The only way to retain the priority date is if Company A filed an I-140 for the alien, and it was approved.

 

[CanadaIndianGuy]

CanadaIndianGuy,

If your country of birth is India then you have a lot of time either way. You will not be considered Canadian for the green card process. You could always start the process with either company. If you start with company A and then move to B, if memory serves me correct, then you can always do another PERM with company B while retaining the same priority date as you had with company A (someone out there, set me straight if I'm wrong about this please).

Asking the new Company B to file for LC and I-140 before actually start employment may be discouraging for them. So, as per simsd's hint, I can probably start the PERM with my current Employer A. And, if I switchover to the Client B in 6 to 12 months time, I can still use the Priority date of current PERM. By the way, I am india born but my wife is Fiji born. As per a quick lawyer's advice, I can probably Borrow her birth Country for our combined GC procedure. In that case, My total GC duration may improve from average 5-6 yrs ( EB3 category for india born) to 2-3 yrs ( EB3 category for Fiji Born)! Let me know, if it makes sense!! Thanks!!!

 

[TheRealCanadian]

Asking the new Company B to file for LC and I-140 before actually start employment may be discouraging for them.

I guess they don't really want you, then.

So, as per simsd's hint, I can probably start the PERM with my current Employer A. And, if I switchover to the Client B in 6 to 12 months time, I can still use the Priority date of current PERM.

Apart from being what you wanted to hear, simsd's suggestion has no basis in reality. If you are only going to listen to incorrect advice that matches you pre-conceptions, then you will have all sorts of problems.

By the way, I am india born but my wife is Fiji born. As per a quick lawyer's advice, I can probably Borrow her birth Country for our combined GC procedure. In that case, My total GC duration may improve from average 5-6 yrs ( EB3 category for india born) to 2-3 yrs ( EB3 category for Fiji Born)! Let me know, if it makes sense!! Thanks!!!

That is correct. All the more reason for company B to get started on your LC and your I-140. You will never have more leverage than you do right now. Use it.

 

[bigboy00]

Asking the new Company B to file for LC and I-140 before actually start employment may be discouraging for them.

-- Correct.

So, as per simsd's hint, I can probably start the PERM with my current Employer A. And, if I switchover to the Client B in 6 to 12 months time, I can still use the Priority date of current PERM.

-- This is true if your PERM and the I-140 is approved. You missed the I-140 approval part - which is THE key to use the old priority date.

By the way, I am india born but my wife is Fiji born. As per a quick lawyer's advice, I can probably Borrow her birth Country for our combined GC procedure. In that case, My total GC duration may improve from average 5-6 yrs ( EB3 category for india born) to 2-3 yrs ( EB3 category for Fiji Born)! Let me know, if it makes sense!! Thanks!!!

-- Correct.

 

[simsd]

People,

Before you throw stones at me go back and see what I said.

I said "(someone out there, set me straight if I'm wrong about this please)".

So, number one, I didn't know about the I 140 having to be approved (so that's good info) and two I'm not "hinting" at anything.

You're all starting to remind of the people and the reasons why I left Canada.

 

[CanadaIndianGuy]

People,
Before you throw stones at me go back and see what I said.
I said "(someone out there, set me straight if I'm wrong about this please)".

Simsd, you are Right. You had mentioned about correcting you about retaining Priority dates. Please note I have got valuable tips from all of you, which will help me in taking any actions based upon different situations. And I bet, Some of these Immigration visa rules are so complex and they keep changing so often. So, I believe, everyone including a novice and a more Experienced Person would be able to stay in touch with Latest rules through this kind of Forum! Thanks again to all!!