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Question on H1B Transfer and PERM Application

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  • Question on H1B Transfer and PERM Application

    Hi All,

    I am currently on a H1B extension with company A and have received a job offer from company B. My current employer (company A) is preparing to file for my PERM Labor certification as part of GC processing (not yet filed with DOL). With that said, I have two questions

    1) I am planning to take up the new job offer from company B and do not intend to let my current employer know about it until the H1B transfer to company B has been completed. However, there is a strong possibility that my current employer will come up with a counter offer. In this situation, is it possible for me to have the H1B transfer canceled and stay with my current employer??

    2) How will this affect the PERM process?

    Thanks

  • #2
    1) I am planning to take up the new job offer from company B and do not intend to let my current employer know about it until the H1B transfer to company B has been completed. However, there is a strong possibility that my current employer will come up with a counter offer. In this situation, is it possible for me to have the H1B transfer canceled and stay with my current employer??
    >>> Yes. Even if the H1B transfer is approved, you can continue to work for the current employer as long as you haven't started working for the new employer.

    2) How will this affect the PERM process?
    >>> No impact.
    Not a legal advice. Use of this information is strictly at your own risk.

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