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  • PERM - Layoff

    Hello,

    I work as a s/w engineer for a mid-size company in the bay area. I have been trying to file my Green Card but haven't been able to apply for PERM (labor cert) because there was at least one layoff in my company and I was told by my lawyer that I will have to wait at least 6 more months before I can apply. This has happened twice already and I haven't been able to apply for PERM for almost a year now. My questions:

    (1) Is there some alternative or workaround for this situation?

    (2) What do big companies like Microsoft, Oracle and Google do? These companies must have a lot of layoffs going on yet I hear their employees getting green cards.

    Any information on this is most appreciate!

    Thanks
    Siddharth

  • #2
    1. No as if the company does apply and gets into an audit situation, it really gets messy for the employer. Hence, in general, good companies don't.
    2. I have worked in one such major employer in the past and they do not file GCs in case of a layoff going on in that particular department as well. As they are huge, they mostly go by departments. That is the very reason I quit as GC situation was getting messy.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Thanks for your response. I appreciate you taking the time to share your experience in this matter.

      Siddharth

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