PERM process stopped - Minimally qualified candidates avaialable


REVATSAN

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Hi, 

Greetings.

Below is my situation and questions. It would be very helpful if i could get some feedback for below questions.

My PERM processing was initiated in last December as per below timeline,

PWD filed - Dec 1st Week  / PWD approved - April 1st week

Ad posted - December 1st week / recruitment update received in June 1st week (I understand i cannot be involved in recruitment process)

Law firm confirmed in June 1st week that they can not proceed with PERM processing (ETA 9089) as they have received minimally qualified candidates.

Questions:

1. What is the meaning of minimally qualified US workers, is it that everything that is mentioned in Minimum qualification of Job Description has to be met or if anyone has met the partial conditions of Minimum qualification in Job description.

2. Should the process needs to be initiated from beginning - applying PWD again and posting advertisement again?

3. Can the existing PWD be used to do the recruitment process again.

4. PWD expiry date is 2nd July 2019, what is the importance of that?

5. Is it ok to join another Employer (B) by H1 transfer in PP and start PERM processing at both current employer and Employer (B) if both agree.

6. Do I need to be employed at both the employers to initiate PERM processing? or can i be employed at Employer (B) and my current employer also initiates PERM process?

7. My I797, stamped VISA is valid till July 2020 and my 6 years max out is Jan 2021. If I count the days i was outside US it comes out around End March 2021, just say 15th March 2021 for safety. Please let me know when my 5 years gets completed - Jan 2020 or Mar 2020?

8. My company has offices outside US as well, is it ok to stay outside US to get more remainder/recapture days and get paid in US? Is there any limit for the same?

Thanks in advance.
 
Kind Regards
 
 

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