An H-1B tech worker is facing uncertainty despite receiving a PERM approval. The issue began after a job switch, leaving the green card process stuck between two employers and forcing the worker to consider restarting a long and expensive process.
PERM Approval Creates H-1B Transfer Confusion
The worker revealed that the previous employer’s PERM approval arrived shortly after the job change. The former employer has agreed to file the I-140 petition, but only if the worker pays all legal and filing fees personally.
Current Employer Pushes Fresh Green Card Filing
The current employer has taken a different stand on the H-1B transfer green card issue. Their immigration team believes the old employer lacks authority since the worker is no longer on payroll. They are ready to file a new PERM, but future costs remain the worker’s responsibility.
Why the Priority Date Matters
While PERM approvals stay tied to employers, an approved I-140 secures a priority date for the worker. That date is crucial, as it can reduce the green card wait by many years. A fresh PERM filing often means starting the timeline again.
Legal Advice Becomes Key in H-1B Transfer Green Card Cases
The new employer prefers a fresh PERM to avoid regulatory scrutiny. However, many advised the tech worker to proceed with the I-140 or consult an immigration lawyer to clarify rights and risks before making a final decision.
Final Call Lies With the Visa Holder
The H-1B visa holder remains caught between two companies with different strategies. Despite the pressure, the decision on who files the green card ultimately rests with the worker, as the outcome will shape long-term immigration status.
