Employer not filing PERM as it received American worker job applications during job advertisement

USA H1B
1

Hi ,
I am on H1B and my employer has started my GC process in Jan 2019 and told that it will take 4 months of time for Advertisement.

Now after four months he is saying that In the last recruiting cycle we had a couple of qualified applicants who responded to the advertisements who are viable candidates so we can’t proceed with the the perm filing.

Now my doubt is can this thing happen moreover he is saying he has to do the recruitment process all over again. Can any one help me on this .

2

Your employer is right. If they have received job applications, then they cannot ignore them.

Unless those applicants are rejected or their qualifications and job experience does not match the advertisement placed by your Employer, your Employer cannot go ahead with your PERM filing.

They may have to re-start the whole process to give new job advertisement.
You have to talk to your employer and attorney.

3

Thanks for the response Anil, I spoke with the employer he told that they have started the process again but my doubt is what if the same thing happens again, He is saying that it will not happen but what differently can he do this time can you please suggest on this.

4

They will probably write the job description in a way that no applicant would fit the job profile now.

5

Thanks for the response Anil, I have one doubt as I told you that my employer has started the recruitment process again, he said it will take around 120 days of time that will be till end of sep 2019 to file the PERM, So I have only 14 months of time left out on my H1B, Will this time be sufficient to get my I140 approved.

6

Hi @chandu

The normal time to get PWD + PERM and i140 approval is about 12-13 months if you don’t file i140 in premium.