I assume, PERM labor certification is for future employment
I have an approved I140 from company A and want to change employer
To company B, therefore I have to file new I140 with employer B.
Can I leave the country and file the labor with company B, since its for future employment.
Has anyone done this and is it even possible to do it.
My companies lawyer has retired and they have asked me to look for another lawyer.
Now I am in a position where I have to leave the country, but I don't want to lose my GC process.
If you have not filed the FORM I-485 due to the fact that a visa is not available in your preference category, Company B will need to file another PERM ( FORM ETA -9089) to begin the process again. However, you can preserve the initial priority date with the second PERM. Also, keep in mind that you do not need to be in the U.S. to begin the process and that the job position is technically prospective and for future employment but the job market must be tested prior to filing the PERM.
My colleague is correct. The PERM application is for future employment and you can preserve your initial priority date when Company B files the new PERM application. Your presence in the US is not required during the PERM process.
You assume correctly. I wish others where as correct in their assumptions as you are in this one. For this reason, your second quesiton is also asked and answered by you. Provided, of course, the new employer would be on board with this idea of waiting for your return in a few year time.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
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