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Question

My employer filed for prevailing wage in Feb 2020 and the result came by July 2020. There were layoffs announced due to COVID in Sept 2020 and GC processing was impacted. My H1B is expiring in Oct 2022. Two options from Immigration team- Opt 1- 1. Wait for 6 months cool off ending Mar 2021 & then start process 2. By that time prevailing wage application wud b expired 3. This cud take 13 months- 5 mon PW, 3 mon recruitment and 5 mon PERM approval 4. Would leave me in tough spot with no buffer 5. An Audit wud cause further issues Opt 2- 1. Start recruitment period ‘now’ 2. Employer would ask laid off employees to apply for my position 3. If anyone fits, my application would be halted, else if lucky, it would be processed further. 4. This could take 7 months overall (3 mon of recruitment and 4 mon of PERM approval) 5. Two risks a) Someone 4m laid off group may apply and process may get halted b) DoL may issue an audit/denial and application would be delayed further 6. Immi team says they will hv proofs to answer audit Opt 1 has a processing time of 15 months and low risk but opt 2 has processing time of just 7 months but has higher risk of audit. Which option should I peruse?

User's Location: San Ramon, Alabama, United States of America

Category: Employment-based Green Card