PERM - not proceeding with Supervised Recruitment


tunic

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Hello, 

Priority Date: Jan 2019

I returned to India in Oct 2019 as PERM filed by Employer A was not approved yet. I had completed 7 years on H1, PERM was filed in 7th year of H1. I am no longer working with Employer A. 

In July 2020, I was informed that PERM application has been selected for Supervised Recruitment. (after 2 rounds of audit, one in April 2019 and one in Dec 2019)

Situation: Employer A is not willing to go through Supervised Recruitment. They say it is "risky" - if they find eligible candidates, then it will reflect negatively on the company. Also, they are unable to justify the expenditure on this process at a time like this. 

What are my options here: 

1. Have a new employer B, file for PERM and 1-140. Will I be cap-exempt once 1-140 is approved? 

2. Have a new employer B, file for H1 in April 2021, and if approved, start work in Oct 2021. This will not be cap exempt, correct?

3. Will I have an advantage if I am able to persuade Employer A to re-file PERM, as opposed to a new Employer B filing for PERM?

4. I suppose I do not have any other options. Is that correct? 

Thank you! I greatly appreciate your time. 

 

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