The US PERM suspension affecting Microsoft, Infosys, TCS and five other technology firms has raised questions about changing employers. H-1B workers may qualify for job portability, but transferring jobs can require new green card sponsorship. Approved I-140 petitions may offer protections.
Indian technology professionals affected by the US government's suspension of eight companies from the Permanent Labor Certification Program (PERM) may still be able to change employers, but doing so could affect their employment-based green card applications.
Announced on Thursday, October 8, 2026, the restrictions cover Microsoft, Adobe, Infosys, Tata Consultancy Services (TCS), Cognizant, Wipro, HCL Technologies and Capgemini. The suspension targets PERM processing rather than automatically prohibiting employees from changing jobs.
Can H-1B workers transfer to another employer?
Under existing H-1B portability rules, eligible workers can generally begin employment with a new company once that employer properly files a qualifying H-1B petition with US Citizenship and Immigration Services (USCIS).
Workers do not necessarily have to wait for approval, provided they meet portability requirements. Changing employers does not automatically preserve an ongoing green card application.
Does PERM sponsorship transfer with the employee?
PERM labor certification is generally tied to the sponsoring employer and specific permanent job opportunity.
If an employee moves to another company before completing the green card process, the new employer ordinarily must start a separate PERM process, including required recruitment and certification steps.
That can delay permanent residency even when the employee successfully transfers H-1B employment.
Can workers retain their I-140 priority date?
Employees with an approved Form I-140 may generally retain their employment-based priority date when a new employer files another qualifying immigrant petition, subject to regulatory exceptions.
If an employer withdraws an I-140 approved for at least 180 days, USCIS generally does not automatically revoke it solely because of that withdrawal. Retaining the priority date does not eliminate the need for new sponsorship where required.
When do AC21 job portability rules apply?
Workers with employment-based Form I-485 adjustment applications pending for at least 180 days may qualify to change employers under the American Competitiveness in the Twenty-First Century Act (AC21).
The new job must generally fall within the same or a similar occupational classification, and other eligibility requirements apply.
Employees without a qualifying pending I-485 cannot assume these protections apply simply because they have filed PERM or received I-140 approval.
What should affected Indian professionals do?
Workers considering a transfer should verify their H-1B validity, PERM status, I-140 approval date, priority date and any pending I-485 application before resigning.
Immigration counsel can assess whether new sponsorship is needed and how a job change may affect future extensions.
The PERM suspension does not create a general ban on H-1B job changes, but uncertainty over labor certification processing makes careful coordination between employees and prospective employers particularly important.
