0002852853 Posted February 21, 2013 Report Share Posted February 21, 2013 My company wants to start green card process for me ASAP. However, there was a layoff in December 2012 and therefore they will have to wait for 6 months before PERM application can be filed (which will be in June). My question is can the PERM testing/recruiting and prevailing wage determination be started earlier than 6 months (I am aware PERM application can only be filed after 6 months)? I ask because it takes around 60 days to complete recruiting and if its allowed, the company can start recruitment process in the 4th month (April) to save some time. This way everything is ready to go for the PERM application by the time we get to June. Any comments/answers will be appreciated Link to comment
t75 Posted February 26, 2013 Report Share Posted February 26, 2013 You realize that he honestly must try to recruit for your position. If people who were laid off have similar positions, you are likely to have a hard time with PERM. Link to comment
nehasi Posted November 18, 2015 Report Share Posted November 18, 2015 Not sure how to start a new topic, but I am in the same boat. Company announced layoffs in Nov but have given an extended notice period upto Apri 2016. Company was about to start my PERM process but because of the layoff that happened in the other department but same area of work, it is advisable to wait for 6 months before starting the process. My question being: when does the 6 month wait begin? Does it start now or it starts after April 2016. If it starts after April 2016, can the company start the PWD, Ad posting and recuritment process in the 6 month wait period and file PERM after 6 months from April, which would be Nov 2016? and If it starts now, can company start the PWD and Ad Posting and recruitment process and file PERM after 6 months from now which would be May 2016? Any response on this is highly appreciated. I have H1B till Dec 2017 and cannot get further extension until i get I-140 approved/ perm pending for more than 365 days. Link to comment
JoeF Posted November 18, 2015 Report Share Posted November 18, 2015 There is a "Start new topic" button in the upper right... PERM can not be filed if there have been layoffs in the same area of work in the last 6 months. Link to comment
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