Leaving TCS, Infosys or Cognizant for a Product Company on H-1B: Transfer, PERM Restart and Timing
Your H-1B can usually move to a product company once the new petition is filed, but your green card mostly restarts. Here is what carries over, what stays behind, and how to time the jump.
Part of our guide to H-1B transfers.
Leaving TCS, Infosys or Cognizant for a product company on H-1B works like any other H-1B transfer: the new employer files its own I-129 petition, and if you are eligible for portability you can start work once it is filed (or on its requested start date, if later). The October 2026 PERM suspension does not block that. As of 2026-11-01 it is in effect for green-card labor certifications at eight employers, with no written notice and no end date, and it is not an H-1B suspension. What stays behind is any pending PERM. An approved I-140's priority date generally comes with you, and it is the asset to protect.
Status as of 2026-11-01
- In effect: DOL's PERM suspension of Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCL and Capgemini, announced 2026-10-08. PERM only; no written notice or end date.
- In effect: H-1B portability and the current 60-day worker grace period.
- Proposed: eliminating that grace period (RIN 1615-AD22). Comments close 2026-11-10 (check the Federal Register for the outcome after 2026-11-10).
- Proposed: removing USCIS deference to prior approvals (RIN 1615-AD26). Comments close 2026-11-13; current deference applies.
- Scheduled: from 2026-11-09, USCIS accepts only the 09/09/26 edition of Form I-129, and the pre-10-07 mailing addresses work only for filings postmarked on or before 11-09.
- Not collected: the $100,000 H-1B payment. Courts blocked the agency policies; Proclamation 11069 stays in effect on paper to 2027-09-21.
- Cleared White House review, not published: DOL's PERM labor-market-test proposal (RIN 1205-AC29). Today's PERM rules still apply.
Leaving TCS for a product company on H-1B: the short answer
An H-1B worker at TCS, Infosys or Cognizant can generally move to a product company through the new employer's I-129 petition, with no new lottery if already counted against the cap, and can often start once it is filed. DOL's October 2026 PERM suspension hits green-card labor certifications, not H-1B transfers. The green card usually restarts, but an approved I-140's priority date generally carries over.
This is the exit playbook. If you are still deciding whether to join one of these firms, our reality check on TCS, Infosys and Cognizant as H-1B sponsors covers that side.
Can I transfer my H-1B from TCS or Infosys to another company?
Generally, yes. "Transfer" is shorthand: nothing moves from your old petition. The product company files a new Labor Condition Application with DOL and a new Form I-129 with USCIS, usually with an extension of your stay, and if you were already counted against the cap it generally skips the lottery.
Can I start before the new petition is approved?
Often, yes. The portability rule says an eligible worker "is authorized to start concurrent or new employment ... upon the filing ... of a nonfrivolous H-1B petition on behalf of such alien, or as of the requested start date, whichever is later" (8 CFR 214.2(h)(2)(i)(H)). You qualify if you were admitted in or given H-1B status, the new petition is filed before your I-94 stay expires, and you have not worked without authorization since your last admission. Portability ends when USCIS decides the petition, so a denial ends it too.
On 2026-11-01 the USCIS processing-times tool showed 10 months (change of status) to 11.5 months (extension) for H-1B petitions filed inside the US, for 80% of cases. Premium processing targets 15 business days for most I-129s, for a $2,965 Form I-907 fee. The G-1055 fee schedule (edition 10/26/26) lists the I-129 H-1B base fee at $780 on paper or $730 online, plus the fraud, ACWIA and asylum program fees, and these are generally the new employer's to pay. Our guide to who legally pays H-1B transfer fees covers which costs can never be passed to you.
The $100,000 proclamation payment is not being collected: two federal courts blocked the agency policies (the proclamation itself stands on paper), and USCIS said on 2026-09-21 that change-of-status, amendment and extension requests it grants inside the US were never covered. The USCIS I-129 page adds: "If this order is later lifted, DHS still plans to collect the payment."
Does the DOL PERM suspension stop TCS or Infosys from sponsoring H-1Bs?
No. In Mayer Brown's analysis, the 2026-10-08 action "does not suspend any employer from the H-1B program." The firm quotes the announcement as saying DOL "will not accept any new or process any pending permanent labor certification applications" from these employers, and notes that already-approved certifications would need a separate revocation process: "nothing announced so far revokes them automatically." As of 2026-11-01 there is no OFLC or Federal Register notice, no stated basis and no end date; 20 CFR 656.31 permits up to 180 days during a fraud probe, but DOL has not publicly invoked it. Our explainer on what the PERM suspension of Microsoft, TCS and Infosys actually does covers the risk for people who stay.
Two data points put the suspension in context. A Congressional Research Service insight dated 2026-10-14 says Cognizant, Infosys and Tata, among the largest FY2026 lottery entrants, submitted 100%, 91% and 95% fewer FY2027 H-1B registrations (CRS IN12747). On 2026-10-29 Cognizant's CFO said, "We do not expect the PERM suspension to have a material impact" (earnings call transcript). TCS said its PERM filings "were in single digits," according to news reports on 2026-10-09.
Our reading: at firms that file few PERMs, many H-1B workers have no green-card case to lose. Find your row in the next table before you assume the move costs you years.
What happens to your green card when you leave, by stage
Two AC21 provisions decide what survives the move. Section 106(a) allows one-year H-1B extensions past year six once 365 days have passed since a PERM or I-140 was filed for you. Section 104(c) allows three-year extensions when you have an approved I-140 and per-country limits hold your visa number back.
Green card stage and the job change (as of 2026-11)
| Where your case stands | When you leave | What the product company generally does | Ask |
|---|---|---|---|
| No PERM filed, or only a prevailing wage request | Nothing carries over and nothing is lost | Starts its own wage request (Form ETA-9141), recruitment and PERM (Form ETA-9089) | New employer: when do you start? |
| PERM pending under 365 days at a suspended employer | The PERM is the old employer's and stays there; if it stays open, it can count for s.106(a) once 365 days have passed before an extension starts | Starts its own PERM from zero | Attorney: what is my year-six plan? |
| PERM pending 365+ days at a suspended employer | Can still support one-year s.106(a) extensions filed by the new employer while it stays open | Files its own PERM; may rely on the old one for s.106(a) | Old employer: will you withdraw it? |
| I-140 approved | Priority date generally retained; supports s.104(c) three-year extensions with the new employer while per-country limits hold your date back | Files a new PERM and I-140 and asks to keep your earlier priority date | Get a copy of your I-797 approval first |
| I-485 pending 180+ days | May port to a same or similar job under INA 204(j) with Supplement J instead of restarting | Confirms the new job offer for Supplement J | Attorney: is the new role same or similar? |
One sentence lets those rows work with a different employer, 8 CFR 214.2(h)(13)(iii)(D)(6): "The H-1B petitioner need not be the employer that filed the application for labor certification or immigrant visa petition that is used to qualify for this exemption." Paragraph (E)(4) says the same for an approved I-140.
The fragile rows are the second and third. Under (D)(2), s.106(a) extensions run until an approved PERM expires, or until a final decision to deny, revoke or invalidate it, or to "administratively or otherwise close" it. Practitioners read a suspension as none of those (their analysis, not agency guidance), but a closure would end that support, and our reading is that a PERM your old employer withdraws after you leave can end the same way. See our guides to AC21 portability when you change jobs and to H-1B extensions after six years with an approved I-140.
Do I keep my priority date if I leave after my I-140 is approved?
Generally, yes. Under 8 CFR 204.5(e)(1), an approved EB-1, EB-2 or EB-3 petition "accords the alien the priority date of the approved petition for any subsequently filed petition" in those categories. The exceptions in (e)(2) include revocation for fraud or willful misrepresentation, and DOL revoking the labor certification.
You still need the new employer's own PERM and I-140 before the old date can be used. Our guide to porting your priority date to a new employer's I-140 covers the details, including what happens if the old employer withdraws its I-140.
Why it matters for Indian nationals: in the November 2026 Visa Bulletin (released 2026-10-22), the EB-2 India Final Action Date stayed at 2013-11-01 and EB-3 India moved to 2014-01-22. The Dates for Filing chart, which USCIS requires for November I-485s, shows 2015-01-15 for both; consular cases always use Final Action Dates. The December bulletin is not out, so any December figure is a forecast. An old priority date is the most valuable thing you take with you.
Will a product company restart my green card from PERM?
Usually, yes. The new employer generally files its own wage request, PERM and I-140 for the new role under the current rules in 20 CFR 656.17. DOL's PERM labor-market-test proposal cleared White House review on 2026-10-23 but is unpublished, so nothing about PERM recruitment has changed yet.
The queue you rejoin, as reported by DOL FLAG and USCIS:
- Prevailing wage: as of 2026-09-30, DOL was working PERM wage requests received in June 2026.
- PERM: as of 2026-10-21, analyst review was at January 2026 filings, averaging 303 days.
- I-140 (EB-2 with PERM): 3 months for 80% of cases in the USCIS tool on 2026-11-01, or 15 business days with premium processing.
Our arithmetic: the two DOL queues alone add more than a year before a new I-140 can be filed. So the date the product company starts your green card belongs in the offer conversation, next to salary. Our comparison of consulting firms and product companies for H-1B and green card sponsorship covers what to ask.
How do I time a move around my H-1B extension?
Watch two dates: your current I-94 end date and your six-year maximum. Portability needs the new petition filed before your authorized stay expires. Past year six, the new employer needs an approved I-140 for s.104(c), or for s.106(a) a PERM or I-140 that is still open and was filed at least 365 days before the extension would take effect (8 CFR 214.2(h)(13)(iii)(D)(5)).
A worked timeline (hypothetical dates)
| Date | Event | What it means |
|---|---|---|
| 2021-10-01 | H-1B starts at Infosys | Six-year clock starts; trips abroad over 24 hours can be recaptured |
| 2025-09-15 | Infosys files a PERM | The s.106(a) 365-day line passes 2026-09-15 |
| 2026-10-08 | DOL announces the PERM suspension | The PERM is suspended, not denied, revoked or closed |
| 2026-11-02 | Product company offer signed | Its attorney prepares the LCA and I-129 |
| 2026-11-16 | I-129 filed, requested start 2026-12-01 | Must be the 09/09/26 edition; portability starts on the later date |
| 2026-11-30 | Last day at Infosys | No gap, so the grace period is never used |
| 2027-09-30 | Six-year maximum, before recapture | Staying longer needs s.106(a) or s.104(c) |
The weak point is the last row. The product company's own PERM cannot be 365 days old by 2027-09-30, so a s.106(a) extension would depend on the Infosys PERM still being open. With an approved Infosys I-140 instead, the new employer could ask for three-year s.104(c) extensions, provided it shows that an EB-2 or EB-3 India visa is unavailable when it files. An immigration attorney has to run this on your real dates.
Two more timing points. Today's grace period lasts up to 60 consecutive days, or until your validity period ends if sooner, once per validity period (8 CFR 214.1(l)(2)); the proposal to eliminate it is still only a proposal, with comments closing 2026-11-10. And an extension with your current employer gets deference to the prior approval when it involves "the same parties and the same underlying facts" (8 CFR 214.1(c)(5)), which a new employer's petition never had. Removing deference is proposed, with comments closing 2026-11-13 (check the Federal Register for the outcome after 2026-11-13).
Step by step: leaving an IT services firm without a status gap
- Collect every I-797 approval notice, your passport, and your latest I-94 from the CBP I-94 website.
- Ask your current employer's immigration team, in writing, for your PERM (Form ETA-9089) filing date and your I-140 receipt number, status and priority date; check the I-140 on USCIS Case Status Online.
- Negotiate the green-card terms: when the product company files the wage request (Form ETA-9141) and PERM, at EB-2 or EB-3, and whether it will request your earlier priority date.
- Send the new employer's attorney your documents so they can file the LCA (Form ETA-9035) with DOL and the I-129 with USCIS before your I-94 end date.
- Wait for proof that USCIS received the petition (many employers wait for the I-797C receipt notice) and for the requested start date before you begin work.
- Set your last day at the old employer so the new job starts right after it, and check your employment agreement for notice or bond terms (an employment-law question, not an immigration one).
- Keep pay stubs from both employers; they show you maintained status for portability, later extensions and any I-485.
- Track the petition on USCIS Case Status Online, and ask the attorney before any international travel while it is pending, including how H-4 family members are being filed.
Common mistakes
- Believing "Infosys can't sponsor H-1B." The claim is circulating; it is wrong. The 2026-10-08 action is PERM only.
- Resigning before the new petition is filed. That starts your one 60-day grace period for this validity period, which DHS has proposed to eliminate.
- Assuming your PERM moves with you. It belongs to the old employer; only an approved I-140's priority date generally carries.
- Assuming you lose your priority date. After I-140 approval you generally keep it, with the narrow exceptions in 8 CFR 204.5(e)(2).
- Starting work before filing. Unauthorized work breaks portability eligibility.
- Skipping the year-six arithmetic. A new PERM cannot reach the 365-day line in time for an extension due within the year.
Frequently asked questions
Can I transfer my H-1B from TCS or Infosys to another company?
Generally yes, as of November 1, 2026. The new employer files its own LCA and Form I-129, and if you were already counted against the cap you usually skip the lottery. Under H-1B portability in 8 CFR 214.2(h)(2)(i)(H), an eligible worker can start once that petition is filed or on its requested start date, whichever is later.
Does the DOL PERM suspension stop TCS or Infosys from sponsoring H-1Bs?
No. The suspension DOL announced on October 8, 2026 covers PERM labor certifications at eight employers, including TCS, Infosys and Cognizant. It does not suspend anyone from the H-1B program, and as of November 1, 2026 DOL had issued no written notice and named no end date.
Do I keep my priority date if I leave after my I-140 is approved?
Generally yes. Under 8 CFR 204.5(e) an approved EB-1, EB-2 or EB-3 petition gives you its priority date for later petitions in those categories, unless USCIS revokes it for a listed reason such as fraud or DOL revoking the labor certification. The new employer still has to file its own PERM and I-140 before you can use it.
Will a product company restart my green card from PERM?
Usually yes. A pending PERM belongs to the old employer, so the new one generally files its own prevailing wage request, PERM and I-140. The main exception is an I-485 pending 180 days or more, which may port to a same or similar job with Supplement J. As of October 21, 2026, DOL's PERM analyst review averaged 303 days.
How do I time a move around my H-1B extension?
Watch your I-94 end date and your six-year maximum. Portability needs the new petition filed before your authorized stay expires, and an extension past year six needs an approved I-140, or a PERM or I-140 that is still open and was filed at least 365 days before the extension starts. Have an immigration attorney map your dates before you resign.
Sources
- 8 CFR 214.2 (portability, AC21 extensions): https://www.law.cornell.edu/cfr/text/8/214.2
- 8 CFR 204.5 (priority date retention): https://www.law.cornell.edu/cfr/text/8/204.5
- USCIS, Form I-129: https://www.uscis.gov/i-129
- USCIS, fee schedule G-1055: https://www.uscis.gov/g-1055
- USCIS, I-485 Supplement J: https://www.uscis.gov/i-485supj
- USCIS, adjustment of status filing charts: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin
- USCIS, processing times: https://egov.uscis.gov/processing-times/
- USCIS, premium processing: https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing
- DOL FLAG processing times: https://flag.dol.gov/processingtimes
- Federal Register, proposed end of the worker grace period: https://www.federalregister.gov/documents/2026/09/11/2026-18631/eliminating-the-discretionary-60-day-grace-period
- Federal Register, proposed removal of deference: https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility
- CRS Insight IN12747 (2026-10-14): https://www.congress.gov/crs_external_products/IN/PDF/IN12747/IN12747.1.pdf
- Mayer Brown, DOL PERM suspension analysis (2026-10-15): https://www.mayerbrown.com/en/insights/publications/2026/10/dol-announces-enforcement-actions-against-employers-in-h-1b-and-perm-fraud-probe
- CBP, I-94 website: https://i94.cbp.dhs.gov/
How we checked this: we read the text of 8 CFR 214.1, 214.2 and 204.5 (Cornell LII copy) and the USCIS I-129, G-1055 and Supplement J pages; took processing-time, PERM-queue and Visa Bulletin figures from the USCIS tool, DOL FLAG and the USCIS filing-charts page; and checked the suspension and registration figures against Mayer Brown's analysis, the CRS insight and Cognizant's 2026-10-29 earnings-call transcript, all as of 2026-11-01.
This is general information, not legal or tax advice. Your own I-797, I-94 and receipt notices govern, and an immigration attorney should decide your filing strategy and timing.
If you are planning the jump from an IT services firm to a product company and want help finding employers that sponsor H-1B transfers, F1Jobs works with international candidates on that search.
Frequently asked questions
Can I transfer my H-1B from TCS or Infosys to another company?
Generally yes, as of November 1, 2026. The new employer files its own LCA and Form I-129, and if you were already counted against the cap you usually skip the lottery. Under H-1B portability in 8 CFR 214.2(h)(2)(i)(H), an eligible worker can start once that petition is filed or on its requested start date, whichever is later.
Does the DOL PERM suspension stop TCS or Infosys from sponsoring H-1Bs?
No. The suspension DOL announced on October 8, 2026 covers PERM labor certifications at eight employers, including TCS, Infosys and Cognizant. It does not suspend anyone from the H-1B program, and as of November 1, 2026 DOL had issued no written notice and named no end date.
Do I keep my priority date if I leave after my I-140 is approved?
Generally yes. Under 8 CFR 204.5(e) an approved EB-1, EB-2 or EB-3 petition gives you its priority date for later petitions in those categories, unless USCIS revokes it for a listed reason such as fraud or DOL revoking the labor certification. The new employer still has to file its own PERM and I-140 before you can use it.
Will a product company restart my green card from PERM?
Usually yes. A pending PERM belongs to the old employer, so the new one generally files its own prevailing wage request, PERM and I-140. The main exception is an I-485 pending 180 days or more, which may port to a same or similar job with Supplement J. As of October 21, 2026, DOL's PERM analyst review averaged 303 days.
How do I time a move around my H-1B extension?
Watch your I-94 end date and your six-year maximum. Portability needs the new petition filed before your authorized stay expires, and an extension past year six needs an approved I-140, or a PERM or I-140 that is still open and was filed at least 365 days before the extension starts. Have an immigration attorney map your dates before you resign.