Many H-1B employees are drawn to Indian implementation partners by promises of job stability and the opportunity for a green card. However, these employers often come with unexpected challenges. Major Indian implementation partners frequently undergo layoffs, leaving employees in a state of uncertainty.
When an Indian implementation partner lays off an employee, it can halt the PERM process for the entire department, unit, or location for up to 180 days, depending on the company's structure.
This delay can extend a candidate's PERM application for several years, creating frustration and uncertainty. Indian implementation partners tend to withhold information about layoffs, further complicating the green card process.
The PERM process commences with the filing of the prevailing wage determination (PWD), a process akin to the H-1B LCA (Labor Condition Application). It takes six months to process. Subsequently, a job advertisement must be placed in newspapers to identify potential US Citizens or Permanent Residents suitable for the sponsored position.
The screening of resumes from these applicants takes an additional four months. Finally, the PERM application itself takes between nine months to a year to be processed. Following PERM approval, the I-140 filing takes an additional six months for processing.
In the past, the PERM and I-140 process could be completed within a year, but this is no longer the case. Today, the PERM and I-140 process takes more than two years to complete. Given these timelines, H-1B employees at Indian implementation partners should carefully consider their options.
If the Indian implementation partner employer delays initiating the PERM application, H-1B employees may want to explore opportunities with smaller IT consulting firms. As a boutique IT Consulting firm, we can help H-1B employees in this situation.
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