How long employer can delay recruitment process after approved pwd?

My employer has said to start GC process for me within 3 months of joining with the company. My Pwd was filed on Mar 7, 2019 and I got it approved/certified on July 18 (around 133 days). Now I asked my employer to start job recruitment, so how long do I have time to start job ads process. How long maximum my employer can delay to start the process, coz usually employers practice is to delay as much as they can?

Hi @Muhammad_Imran

How do you know that they have not started the recruitment process?

The legal requirement is that the H1B employee should not be involved and normally should not be aware of the process.

It is possible that your employer is already doing it.

I know , because my employer is a desi consulting firm. So, I can talk to my employer directly in-person, plus can communicate to attorney as well (who for now is not responding to my email for the same question, which is a bummer!)

My attorney replied before by these actual words:
“We have until September 17, 2019 to commence the advertising, and use this PWD.”

I asked her the meaning, still didn’t get a reply yet.
Kindly inform what does it mean and how long employer can delay to start recruitment process?


Hi @Muhammad_Imran

They are basically trying to delay as much as possible.

There is a validity date mentioned on the PWD approval which is usually 90 days.

Thanks for the reply Anil.
I got a message from attorney saying:
We need to start the required advertising before the PWD validity period ends, which is 9/17/2019.

It means they have to start the recruiting process before 9/17, right? And they told me that it may take 60-90 days to finish the recruiting process, what do you say about this?

Thanks for your help in this. God Bless! :+1:

Hi @Muhammad_Imran

I don’t understand your question.

Hi Anil,
Sorry for confusion. My question is, as the attorney replied:“We need to start the required advertising before the PWD validity period ends, which is 9/17/2019”

As per reply from attorney, it seems they have the PWD validity ends on 9/17, so that’s why they have to start recruiting/job ads process before that. Is this right?

Furthermore, they gave timeline for each step for GC before starting my GC process that recruiting/job advertising process takes around 60-90 days. Is it really take this much time or recruiting process can take less time.

Thanks :slight_smile:

Hi @Muhammad_Imran

It is a legal requirement to run the advertisement on sunday in local newspaper and that after gaps. That’s why the whole process takes about 90 days.

I have explained the Green card process and with expected timelines here, if you want to read.

Thanks Anil, I am reading the article.
You really helping ppl like me. God bless! :slight_smile:

1 Like