Should I Cancel My Current PERM Application If Changing Employers?

If you are planning to change employers and your new employer is willing to sponsor you for a PERM application, it may be worth considering whether to cancel your current PERM application. This article will help you understand the factors to consider as well as the implications for your immigration process.

Understanding Employer Sponsorship and PERM Applications

PERM (Permanent Labor Certification) is a process that employers must follow when sponsoring foreign workers for a green card. With a new employer willing to sponsor you, it's crucial to weigh the benefits of canceling your current PERM application. Here is a closer look at the factors involved:

Employer Sponsorship

If your new employer intends to sponsor you, starting a new PERM application can help streamline the process for your green card. This is particularly beneficial if your current PERM application is already close to approval. However, if you are certain about the job change, proceeding with the new employer's application can save time and avoid unnecessary delays.

Timing Considerations

Timing is crucial when deciding whether to cancel your current PERM application. If you are near the approval of your current PERM application, you might want to consider the benefits of waiting. However, if you are certain about the change and the new employer is ready to take over the PERM process, it's typically best to proceed with the new application. This can help ensure that the process moves smoothly and quickly.

Impact on Immigration Status

Changing employers and canceling your current PERM application could have implications for your current visa status. It's important to ensure that this change doesn't impact your current visa eligibility. Consulting with an immigration attorney can provide you with specific advice tailored to your situation. They can help you understand the potential risks and benefits of canceling the current application.

Future Employment Considerations

If you cancel the current PERM application, it won't affect your eligibility for a green card with the new employer, provided they file a new application on your behalf. This means that as long as the new employer is prepared to take on the PERM process and file a new application, you can continue with your immigration goals without interruption.

Final Considerations

In summary, if you are committed to the new job and your new employer is ready to take on the PERM process, canceling the current application can be a sensible choice. However, always consult with an immigration professional for personalized advice based on your specific situation. They can provide you with the guidance you need to make the best decision for your future.

Also, it's important to note that whether or not your current employer cancels or withdraws your PERM application is ultimately up to them, especially after you leave. However, it should not affect your future employer's ability to file a new PERM application. Once you submit your resignation, your current employer is under no legal obligation to continue sponsoring you. They can withdraw the PERM application as your decision to change employers is no longer in their hands.