QUESTION
Can my employer still continue with my PERM processing while I am in India working on India payroll?
Asked on Nov 17th, 2014 on Immigration - Texas
More details to this question:
My employer has filed for my PERM in August 2014 (labor certification pending). My H1B is expiring on September 30 2015. Because of some family situation, I may have to leave US and join my employer's office in India for a period of 6 months to may be 1.5 years. Now to join India office, I will have to resign from my position here in US and join India office (although my job duties and responsibilities remain the same). I am no longer on US payroll and I will be on company's India payroll. Thanks so much.
3 ANSWERS
Yes, there is no problem with that since PERM is for a future position and you are not required to be working for the petitioning employer.
Answered on Nov 19th, 2014 at 5:56 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Yes. You do not need to be a current employee for your sponsor to file and support the PERM. Not even after the approval of PERM. You can start your job in the US with the employer after you receive immigrant visa in India.
Answered on Nov 19th, 2014 at 3:06 PM
Bruce A. Coane
A PERM application can be filed for anyone no matter where they happen to be. There is no need and no requirement to be in the USA.
Answered on Nov 19th, 2014 at 10:03 AM