Labor Market Test failed due to qualified US citizen - other options

[maychicago]

Hi,

 

My H1B expires in Nov 2020 including recapture. The labor market test failed as there was one qualified candidate found.

 

Legal/HR need to wait 6 months until they can restart another labor market test for new applicants. For the PERM application, any skills that I picked up at my employer were not included. My manager had to ask interview questions based on my Masters education and prior internships.

1) In the current process, my Masters education along with internships was the only qualifying criteria hence pool of equally qualified candidates might be higher than usual. Could I work with my employer to change my role/duties so that my PERM will include the skills I've learnt in the last 6 years on the job?

(We'll have to redo prevailing wage determination but we have a 6 month wait anyway so might as well consider other options).

2) Is there an official 6 month wait before another labor market test can be conducted?

Thanks.

 

Edited May 2, 2020 by maychicago