H1 Transfer after I 140, should new employer do PERM and I 140

Hello,
I am transferring H1 to employer B from A on a permanent hire. I have approved I-140 with employer A for more that 5 years.

  1. Should I ask new employer B to initiate PERM and apply I-140 again?

  2. Is it a must if new Position name and job descriptions are different compared to what was approved in previous I-140?

  3. Will there be any issue in future if employer B says that they will help in adjustment of status instead of filing new PERM and I-140?

Employer B will need to file new PERM and new i140 if they want to file your i485 (adjustment of status).

The employer A’s i140 can be used to keep extending the H1B for as long as your priority date is not current though.
But, to file i485 with employer B, they do need their own PERM and i140.

Hello Anil,
I read your comments on various immigration queries and its very helpful. I seems to have similar question as above person mentioned; My I-140 approved an year ago sponsored by Employer A., I am in situation to find another job. Say the job title,duties from Employer A on approved PERM/I-140 is different from the new job title/duties from Employer B.

Assume there is a temporary suspend on applying PERM/I-140/any employment based permanent resident app., can Employer B initiate VISA transfer first using approved I-140 without initiating the PERM as its on hold ?

Would there be an any issue you guess from Employer standpoint if the Employer B holding PERM for some time and apply it when temporary suspension withdrawn ?

Appreciate your help Anil …

I have already clearly answered above. Not sure what is causing confusion?