Impact of Layoffs on Perm Filing

[s_imm0906]

Hi,

 

My company started by GC process in February,2015. 

They got the PWD, posted the ad for 1 month and completed the 1 month cool off period in June. Unfortunately my company had a layoff in June, in which 1 person who shared similar role to me was laid off. Now my HR and attorney are telling me to wait till Decemeber so that we can pass the 6 month time period(required after a lay off). 

I have few questions -

1- My H1B visa is expiring in Aug,2016. So ideally we should have filed my PERM by July,2015. I have been out of US for approximately 2 months in last 5 year. Now, my attorney is telling me if I can go out of US for 2.5 more months we can still file my PERM in december and consider it to be filed before my 5th year expiration.

Is it true?

Also do I need to stay  2.5 months out of US before December so that my PERM can be considered filed before 5th year expiration?

Or I can split up this 2.5 months time period (1.5 month out in 2015 and 1 month out in 2016) and still get qualified for the above stated criteria?

 

2- If we are going to delay my GC process till december( to avoid 6 months after layoff condition), do we need to start my process again i.e. PWD -> Posting Ad -> Cool Off period -> PERM filing. It takes 4 months to reach this stage, if we redo all this then we can file my visa by April, 2016 ?? 

 

Any pointers on these questions will be deeply appreciated.

[JoeF]

The PERM is only valid for 6 months. SO they need to restart it.

[newtogc]

A related question to this topic.

My company is private and they have layoff's going all the time. My manager mentioned that with private companies filing PERM while layoff's are happening is not a problem as they don't have to disclose that information to USCIS.

Is this true?

[JoeF]

No.

Private or public company doesn't matter.