PERM - Labor Certification

Must we withdraw a PERM application if the employee is laid off?

16 years ago By Rajiv S. Khanna

Here is a set of questions posed to me recently by one of our clients:

I am Mr. Jones, the employer. The employee, Mr. Smith, is no longer employed with us because of company's budget issue. However, we may hire him in the near future if circumstance changes.

My question:
Q1. Do we need to withdraw PERM LC for him that was submitted 2009?
The status is still in process now. I would like to know if this PERM LC still has any goods for him. Let me know the pros & cons between withdraw it and not withdraw it.

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GC approved. When should I start working on the green card job?

17 years ago By Rajiv S. Khanna

Q. Now that I received my GC through employment, does my employer need to change my position to the one filed in the Labor Certification?

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Dropping PERM Processing Due to a Fixed-Term Job

4 days ago By Chief Editor

Question details

If a PERM application was recently certified but the employer modified the job to a fixed-term/temporary role, can a private attorney still file the I-140/I-485?

FAQ Transcript

No. Employment-based Green Cards are strictly for prospective, "permanent" future employment. Because the employer does not intend to continue employment permanently, an I-140 cannot be legally filed based on that PERM. You must abandon this Green Card process and urgently find a new H-1B sponsor.

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Rajiv's Comments in NewsBytes - US pauses perm at Microsoft, Adobe amid green card fraud

4 days ago By Chief Editor

Published by NewsBytes - 16, October 2026
https://www.newsbytesapp.com/news/world/us-pauses-perm-at-microsoft-adobe-amid-green-card-fraud/tldr

Quotes and Excerpts from Rajiv in the article:

Immigration experts suggest checking out alternatives like the EB-1 category or family sponsorships.

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Rajiv's Comments in The Economic Times - US PERM Freeze: Indian H-1B workers could lose crucial time to secure Green Cards as sponsorships stall

4 days ago By Chief Editor

Published by The Economic Times - 16, October 2026
https://economictimes.indiatimes.com/nri/migrate/us-perm-freeze-indian-h-1b-workers-could-lose-crucial-time-to-secure-green-cards-as-sponsorships-stall/articleshow/134985101.cms?from=mdr

Quotes and Excerpts from Rajiv in the article:

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Remote Work, Location Changes, and PERM

1 month ago By Chief Editor

Question details

How do remote work and location changes affect Green Card processing for H-1B contractors?

FAQ Transcript

Under Department of Labor regulations for mobile or consultant roles, employers can designate their corporate headquarters as the primary place of employment on the Green Card application (PERM). Working remotely from different states or client locations does not negatively impact Green Card processing as long as the headquarters is designated appropriately as the primary work site.