Qualified Candidate found

[vikram.jadhav]

I needed some guidance as I am caught up in a difficult immigration situation. I am at the end of my 5th year on H-1B and my 6 years complete by end of May 2016. My current employer got started with GC process, but are unwilling to proceed since there was a qualified local candidate that applied for my job. My manager rejected this applicant based on certain criteria but the HR and legal team did not find it as sufficient for rejection. Hence, the company's legal team is not proceeding with the PERM filing.

Could someone advise how long the current company has to wait before starting the perm process anew? The team is ready to post a more stringent job description with a different job title (more senior).

 

[visaseeker03]

I think its 6 months

[Bhajagovindam]

I would say that company has to stop PERM process immediately no matter what your manager say.

Qualified candidate is determined by HR in collaboration with technical manager.

If there's a conflict here and it's no advisable to proceed further. 

 

As far as I know, position shouldn't be tailored to exclude American workers, that's immigration fraud.

[antonov85]

I am in the same situation.  I only have close to 1.5 years to reach my 6 year H1-B limit, and I do not want to wait 6 months to file my PERM again. In my case, the HR manager was the only person who performed interviews and she says she found a qualified candidate. My immediate technical manager was not involved in the interview process at all.  I am planning to request my technical manager to get involved and push the process forward.  

Does anyone have suggestions / better ways to deal with this situation?