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by QGQBGdeZREunxLe 164 days ago
It's already relatively simple for a H-1B holder to transfer jobs under AC21.

The reason backlogged Green Card applicants stay in their sponsoring positions is because they don't want to restart the PERM process which is not transferable to another employer.

When a H-1B transfers to a new employer the approved I140 should be transferred too, assuming it's older than 180 days and the job meets the other requirements set out by AC21.

That would unlock a wave of job portability.

Also, it's not only Indians backlogged now. Almost all EB categories are backlogged across all nationalities although nowhere near as severe as India's.

1 comments

Part of this is that employers stubbornly refuse to start PERM until you've started on the job. There's no legal reason to do this and it means adding even more months to an already long and uncertain process, compared to doing it when you've accepted the job offer.