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  • Visa type changed during PERM process

    Hi Experts,

    Here is my situation and I am hoping to get some suggestions on this. I truly appreciate your help in this forum.

    I have been working on L1B for the past 4.5 years in location A.
    JUN 2021, My company files a change of status from L1B (location A) to H1B(Location B). This will allow me to stay on H1B till my max out of 6 years(5 on L1B** on H1B) ie., DEC 2022.
    AUG 2021,My company also files for green card with L1B visa details and current employment details as location A. PERM has been filed and awaiting.
    SEP 2021, I received approval on H1B for location B which means starting OCT 01, 2021 , I will need to start my employment at location B.

    My question is, since my PERM had been filed mentioning my current job location as location A(end date in the form 9089 is null for my current job role and client address) and my H1B mentions my work location as location B, should I amend the H1B visa location or should I amend any location details mentioned in the PERM form 9089?
    Or will my employer need to file the 9089 all over again mentioning work location as location B?
    Or at PERM stage does the location fields hold no value?

    Thanks!

  • #2
    Hi,
    Please see my response below.
    should I amend the H1B visa location or should I amend any location details mentioned in the PERM form 9089?
    Answer: According to H1B, If there is any material change then you will need to file an Amendment. But, GC is future Employment. Upon approval of GC, you will be started working on concern location. If there is any change on that then you will need to run new PWD and PERM. You can not amend PERM Application.
    Or will my employer need to file the 9089 all over again mentioning work location as location B?
    Answer: Dont just compare with H1B location. Both will have different track. If any location change at present then file H1B Amendment. If any location change will happen in future then you will need to run again PERM filing.
    Or at PERM stage does the location fields hold no value?
    Answer: it will be valid at the time you get GC.
    Thanks

    Comment


    • #3
      rkk09 Thank you very much for the response. So does it mean, if I change location from A to B during the ongoing PERM, the Perm can still continue with the initial location A?

      Comment


      • #4
        Originally posted by rkk09 View Post
        Hi,
        Please see my response below.
        should I amend the H1B visa location or should I amend any location details mentioned in the PERM form 9089?
        Answer: According to H1B, If there is any material change then you will need to file an Amendment. But, GC is future Employment. Upon approval of GC, you will be started working on concern location. If there is any change on that then you will need to run new PWD and PERM. You can not amend PERM Application.
        Or will my employer need to file the 9089 all over again mentioning work location as location B?
        Answer: Dont just compare with H1B location. Both will have different track. If any location change at present then file H1B Amendment. If any location change will happen in future then you will need to run again PERM filing.
        Or at PERM stage does the location fields hold no value?
        Answer: it will be valid at the time you get GC.
        Thanks
        Thank you for your kind response.
        Last edited by ossman; 03-18-2022, 11:40 PM.

        Comment


        • #5
          Certainly, PERM is still only valid for the "intended employment area" specified in the labor certification.

          Comment


          • #6
            Problem solved , thank you !

            Comment


            • #7
              Hi all!
              Please see my response below.
              should I amend the H1B visa location or should I amend any location details mentioned in the PERM form 9089
              Answer: According to H1B, If there is any material change then you will need to file an Amendment. But, GC is future Employment. Upon approval of GC, you will be started working on concern location. If there is any change on that then you will need to run new PWD and PERM. You can not amend PERM Application
              Thank you!
              Last edited by foxximan; 08-26-2022, 05:22 AM.

              Comment


              • #8
                When this happens, you will need to go through the PERM process from the beginning. This is because the PERM is not tied to you, it is tied to your job. Therefore, if you change jobs during the PERM process, you will need a new PERM for your new job.mod apk
                Last edited by Alishiya; 08-21-2023, 05:30 AM.

                Comment


                • #9
                  Originally posted by Alishiya View Post
                  When this happens, you will need to go through the PERM process from the beginning. This is because the PERM is not tied to you, it is tied to your job. Therefore, if you change jobs during the PERM process, you will need a new PERM for your new job.
                  Thank you for your guide keep it up.

                  Comment


                  • #10
                    Originally posted by Alishiya View Post
                    When this happens, you will need to go through the PERM process from the beginning. This is because the PERM is not tied to you, it is tied to your job. Therefore, if you change jobs during the PERM process, you will need a new PERM for your new job.


                    If your visa status changes to a non-immigrant visa, such as an H-1B visa, while your PERM application is pending, you can continue with the process as long as your new visa status allows you to work for your sponsoring employer. However, if your visa status changes to a non-work visa, such as a tourist visa, you may not be able to continue with the PERM process.

                    Comment


                    • #11
                      If a foreign worker's visa type changes during the PERM Program Electronic Review Management process, it may affect their eligibility for permanent residency. It's important to consult with an immigration lawyer in such situations.
                      g
                      Last edited by jimmy07; 07-27-2023, 04:48 AM.

                      Comment


                      • #12
                        Changing visa types during the PERM (Program Electronic Review Management) process can impact a foreign worker's eligibility for permanent residency in the US. If a worker's visa status changes, they must notify their employer and file a new PERM application.

                        Comment


                        • #13
                          If you change jobs during the PERM process, a new PERM will be required as it is tied to your specific job, not you as an individual.
                          g
                          Last edited by Millie554; 06-20-2023, 01:59 AM.

                          Comment


                          • #14
                            Originally posted by rkk09 View Post
                            Hi,
                            Please see my response below.
                            should I amend the H1B visa location or should I amend any my location details mentioned in the PERM form 9089?
                            Answer: According to H1B, If there is any material change then you will need to file an Amendment. But, GC is future Employment. Upon approval of GC, you will be started working on concern location. If there is any change on that then you will need to run new PWD and PERM. You can not amend PERM Application.
                            Or will my employer need to file the 9089 all over again mentioning work location as location B?
                            Answer: Dont just compare with H1B location. Both will have different track. If any location change at present then file H1B Amendment. If any location change will happen in future then you will need to run again PERM filing.
                            Or at PERM stage does the location fields hold no value?
                            Answer: it will be valid at the time you get GC.
                            Thanks
                            Thank you, the problem is fixed.
                            Last edited by alvamiler; 10-26-2023, 09:32 PM.

                            Comment


                            • #15
                              it's really important to keep an eye on your visa type when you're in the middle of the PERM process. If you end up changing your visa status, remember to give your employer a heads-up and go through the process of filing a fresh PERM application., It might sound like a hassle, but it's a crucial step to make sure you're on the right track for that coveted permanent residency in the US.
                              Sorry reply came a lot more later.
                              Last edited by chi83930; 08-23-2023, 01:23 PM.

                              Comment

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