Ch.giri Posted December 8, 2017 Report Share Posted December 8, 2017 Hello, My employer was started job ad posting as part of PERM on Sep-17-2017 and received lot of resumes for the job posted. They have conducted interviews with few candidates as well. Today i came to know from my HR manager that they have found 2 matches and so they would like to pull out the current ad and post a new ad with slightly changed requirements/ad language(not sure !). So my question is would it be possible for my employer to do a new job ad post for the same to file the labor? Or is he saying for the time being to buy in time ? My current work authorization would expire on APR-30-2018 and 6 years cap would be finished by Oct-30-2018. What are the options left for me in this situation with out a labor or I-140 approved . Thanks ! Link to comment
pontevecchio Posted December 8, 2017 Report Share Posted December 8, 2017 It would seem the current PERM cannot go ahead. You could leave for an year and try a cap subject H1 in 2019 while trying to get PERM etc. done. Link to comment
JoeF Posted December 9, 2017 Report Share Posted December 9, 2017 "Slightly changed" wouldn't cut it. That would just result in a denial due to it being an obvious attempt to get around the rules. It would have to be a significantly different position. Does the employer have a lawyer for this? If not, they should get one. Link to comment
Ch.giri Posted December 10, 2017 Author Report Share Posted December 10, 2017 Hello JoeF, I have a very basic question, wouldn't it be the case for my employer to just reject the profiles that they have received during the process to file my Labor? Do they consider this recruitment process very serious ? I thought it would be a process to just follow and reject the profiles received during the process ! It is very obvious that in the market to get match with similar resumes and profiles. Yes we have an attorney that my HR would be working with. Thanks ! Link to comment
JoeF Posted December 11, 2017 Report Share Posted December 11, 2017 4 hours ago, chnvseshagiri said: Hello JoeF, I have a very basic question, wouldn't it be the case for my employer to just reject the profiles that they have received during the process to file my Labor? Do they consider this recruitment process very serious ? I thought it would be a process to just follow and reject the profiles received during the process ! It is very obvious that in the market to get match with similar resumes and profiles. Yes we have an attorney that my HR would be working with. Thanks ! It has to be a real recruitment process. The whole idea of employment-based immigration is that it is only possible if there is no American (or other person with work authorization, like somebody with a GC) able or willing to work in the position. If a resume is rejected, the employer has to explain to DOL why the applicant is not qualified. And DOL doesn't accept "we didn't like the person" or "we thought it is just a formality" as reason... Also, tailoring the ad to the immigrant is not allowed, either. The lawyer can explain all that to you in detail. Link to comment
Ch.giri Posted December 11, 2017 Author Report Share Posted December 11, 2017 Hello JoeF, Thank you for in detailed explanation. I understood the case now. I believe it is possible after the interview we could reject based on his/her performance and saying that performed poor right? This can not be tracked any where, or no need to submit the interview conversation to DOL right ? Thanks Link to comment
JoeF Posted December 18, 2017 Report Share Posted December 18, 2017 On 12/10/2017 at 9:08 PM, chnvseshagiri said: Hello JoeF, Thank you for in detailed explanation. I understood the case now. I believe it is possible after the interview we could reject based on his/her performance and saying that performed poor right? This can not be tracked any where, or no need to submit the interview conversation to DOL right ? Thanks Of course it can be tracked. Geez, no employer will do such fraud. There is a paper trail. You have to accept that these things have to be done by the book. Link to comment
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