Perm in 6th year

[rockyr9]

I am in first month of my sixth year of H1B. My current company doesn't do green card. I have an offer from two companies, company A and B. Company A is ready to take me but they are saying that they can file for PERM only after I complete 6 months on their payroll. The reason they mentioned is that as per USCIS they have keep an advertisement on their website for 6 months for American citizens. If there is no eligible American citizen available for this job for 6 months then they will proceed with green card.

I also have an offer from company B which is basically a small Indian consultancy and they are saying that they will initiate the GC process as soon as I switch to their payroll.

My question is that how come company B is ready to do GC if they have not any advertisement displayed on their website or without waiting for six months. Will I run into audit if GC is filed right away?

[visaseeker03]

Job advertisement is a PERM requirement and has to be posted for a minimum period of 30 days, company B may initiate processing...but they will get to filing in at least 2-3 months. 

[livliv]

Will the first company start the process after 6 months or file after 6 months?

 

Smaller companies are risky in terms of getting even H1's. There's bound to be more scrutiny in all their applications. There is also a possibility that they have illegal practices such as asking you to pay for the GC process.