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Employer found a qualified candidate in my PERM recruitment process

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  • Employer found a qualified candidate in my PERM recruitment process

    Hello,

    my employer told me I will have to wait for at least 6 months before they can restart my PERM. The reason they gave me was that they could not reject one qualified US person for any reason. This is very strange as I cannot think of anybody going through this situation as in most of the cases employers reject the application as they don't want to hire that person for variety of possible reasons.

    I am concerned not because of the 6 months wait, but because of the fact that if they really wanted to retain me then they will immediately reject any other person. I want to know if anybody else has gone through this process and if there is a possibility of something else going on with my employer which they do not want to reveal?

    Thanks for your reponses.

  • #2
    I am not surprised given the current economic situation. May I ask what the job requirements are?

    I think it is possible to find a qualified US citizen when there are so many US citizens without jobs. If they find one USC, they cannot proceed with the PERM.

    The number of qualified USCs depends on how specific the job is. Simply, if the job requires 15 yrs of very specific experience, the number will likely be less. If the job is for a fresh grad qualification, you will have so many qualified resumes.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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    • #3
      Even I am going thru same crisis

      In my case it's more complicated. The advertisement had very general information and there were lots of candidates who have already applied and the HR said that it's not technically possible to reject if the Citizens possess the relevant qualification and experience that I have. Also they inform me that they have to use the same advertisement for PERM that they used to hire me a year back on H1B. Now, I have a co worker who had been with company for 3 years and then he left and he came back after a gap of 1 year. They said that the advertisement under PERM for his was difference since he rejoined they can use the skill sets that he specifically acquired under same job during his first H1B period with the same company. They told me that they cannot include same skills for my advertisement since I acquired those skills during the period of my job with same company

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      • #4
        Originally posted by shreejigc View Post
        In my case it's more complicated. The advertisement had very general information and there were lots of candidates who have already applied and the HR said that it's not technically possible to reject if the Citizens possess the relevant qualification and experience that I have. Also they inform me that they have to use the same advertisement for PERM that they used to hire me a year back on H1B. Now, I have a co worker who had been with company for 3 years and then he left and he came back after a gap of 1 year. They said that the advertisement under PERM for his was difference since he rejoined they can use the skill sets that he specifically acquired under same job during his first H1B period with the same company. They told me that they cannot include same skills for my advertisement since I acquired those skills during the period of my job with same company
        This makes sense.

        I know a lot of people who started out on H1B right after school, no matter BS or MS. These guys do not have any previous experience. If this is your first job right after school, starting GC (PERM) will be a challenge if not impossible until the economy improves. The reason is there are thousands of new grads who will be looking for a job similar to what your PERM should advertize.
        Check out H1 FAQs first!
        http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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