Future employment and green card

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petkarg

New Member
I am a H1B visa holder and I would like to apply for employer sponsored GC.
Currently I am working for company X and I would like to apply for GC through company Y which I plan to join later upon approval of labor. Is it possible to do this through PERM?
TIA
Ganesh
 
petkarg said:
I am a H1B visa holder and I would like to apply for employer sponsored GC.
Currently I am working for company X and I would like to apply for GC through company Y which I plan to join later upon approval of labor. Is it possible to do this through PERM?
TIA
Ganesh
Click to expand...

YES
 
Yes, BUT I have read that the DOL finds it very unusual that an employer would apply for PERM if you are NOT already employed by them. Based on this DOL statement, it may raise a flag... It does not mean denial, but perhaps a close audit.
 
...if you find a company that does PERM before they hire you - good for you. In my experience most companies that wanted to hire me had in mind to do PERM after joining - not before...it could mean huge risk if you are leaving present employer who has pending labor on file good for 7th year extension to join company that files PERM in the future (and may or may not get approval).
 
I can honestly not remember where I read it. I have spend a huge amount of time reading DOL information on the labor process. I think it applied to the old labor process, not for PERM, simply because no company would reasonable wait several years to get labor cleared to hire someone. That in and by itself raised a flag for the DOL as highly unusual. With the new process, though, it certainly makes more sense that it can be done as all the rules of the labor game seem to have changed and the speed of the whole process. I encourage you to go for it and see what happens.
 
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