Company A and B are sister companies, i.e., name of A is "QQQ Systems" and name of B is " QQQ Electronics". Company A dispatched me to company B so I am actually working for company B, but I am employed by company A in paper.
The PERM is just certified for A. Now, I would like to transfer to company B. Can I transfer the certified labor to company B? Surely, it will be the same job description, the same location of intended employment, similar salary and so on because I am trying to simply change the employer, but everything remains same. Can I transfer the labor?
Below is what I found on web, but below is not confirmed and I could not find any related regulation.
Any help will be appreciated.
CHANGING EMPLOYER BEFORE I-140 APPROVAL
If a person changes employers before obtaining I-140 approval, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer. There are some very limited exceptions to this rule (for example, in general, a change in employers requires a new application for certification by the new employer unless the same job opportunity and the same area of intended employment are preserved. International Contractors, Inc., and Technical Programming Services, Inc., 89-INA-278 (June 13, 1990). A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage).
The PERM is just certified for A. Now, I would like to transfer to company B. Can I transfer the certified labor to company B? Surely, it will be the same job description, the same location of intended employment, similar salary and so on because I am trying to simply change the employer, but everything remains same. Can I transfer the labor?
Below is what I found on web, but below is not confirmed and I could not find any related regulation.
Any help will be appreciated.
CHANGING EMPLOYER BEFORE I-140 APPROVAL
If a person changes employers before obtaining I-140 approval, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer. There are some very limited exceptions to this rule (for example, in general, a change in employers requires a new application for certification by the new employer unless the same job opportunity and the same area of intended employment are preserved. International Contractors, Inc., and Technical Programming Services, Inc., 89-INA-278 (June 13, 1990). A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage).