H1b and GC at the time of hire

[Maelstromm]

Hello,

 

Have spent a lot time reading and searching and couldn't find a similar situation. I worked with company A from Feb 2008 to Jan-2013 and was laid off while the PERM application was still in process and left with only 1 year left on my H1B. While currently on an H4, I have not had success of getting a job that would do both H1b and GC because I am already close to my sixth year, I now have the opportunity to rejoin company A but with a different title. Since the job has been active for 3 months since first posting, would company A be able to file for H1B and GC at the same time? Or would company A have to first  find prevailing wage, then repost the job for 30 days before filing for GC? Since company A does have an office in India, it might be possible to convince them that I would be able to recapture time while working in India. Company A is still trying to find out from the lawyers if this is possible. Offer has not been made and is conditional to whether lawyers would be able to take on the case.

 

Would this be possible for any other employer as well? I have read that PERM filing may be combined with the new hiring process but not sure about the specifics. 

 

Would appreciate some advice!!

 

Thanks in advance.

[JoeF]

H1 and GC are independent.

Companies generally do not like to spend money on starting a GC when they don't know the person, don't know the work the person produces. Hence they usually want to see the person work on H1 first.

[Maelstromm]

H1 and GC are independent.

Companies generally do not like to spend money on starting a GC when they don't know the person, don't know the work the person produces. Hence they usually want to see the person work on H1 first.

 

Thank you for the response but that didn't answer my question of whether the original job posting requirements can be used for filing PERM or if the job has to be re-posted after determining the Prevailing Wage for the role?

[JoeF]

Thank you for the response but that didn't answer my question of whether the original job posting requirements can be used for filing PERM or if the job has to be re-posted after determining the Prevailing Wage for the role?

LCA and PERM have different requirements, so it is likely that the job ads would have to be posted again.

The company's immigration lawyer (they have one, do they?) would be the authority to answer the specific situation.