Can I file to a PERM without have an H1B visa?

[teob]

Hi guys,

Unfortunately, I wasn't selected in the lottery this year.

By the way, the lawyer said to the company to file a PERM if they wanna really hire me.

The point is, I've never heard anything like this. The lawyer said the H1B is not a requirement to a PERM. And I can believe it's true, but is there any other consequences? I mean when the labor department is judging the petition, they may ask why this company is applying to a PERM straight ahead, right?

What do you guys think about it? Is there anyone or already passed on this situation?

Thanks in advance.

[inadmissible]

Not a problem

[teob]

Not a problem

I appreciate your replay. Is it a common way? What should be my concerns?

[inadmissible]

It is not common, but it is possible. It is not common with Indian and Chinese born talent, because of the long backlog in issuing them immigrant visas.

[teob]

Since it is not common and I am not from those countries (I am Brazilian). What should be my main concerns about it?

They might ask why the company is filing to a PERM instead H1B, so what?

[inadmissible]

There is nothing for you to worry about on your end.

Employers should think twice about spending the money on the PERM process on an employee who can walk away after 6 months with a green card, shop around for any other job, work with a startup that compensates founders with equity, you could start your own business, you could even choose to not work and enjoy being 'funemployed' on the beach living off your savings.

If your employer is willing to do it for you, jump at it!

[teob]

There is nothing for you to worry about on your end.

Employers should think twice about spending the money on the PERM process on an employee who can walk away after 6 months with a green card, shop around for any other job, work with a startup that compensates founders with equity, you could start your own business, you could even choose to not work and enjoy being 'funemployed' on the beach living off your savings.

If your employer is willing to do it for you, jump at it!

thanks once more