I have one more question - can you point me to a file or legal decumentation that explicitly says that job description for Perm advertisement can be different from the job description for H1B?
-No law specific says the relationship between H1 and PERM because they are two different things just like one person lives in China and another person lives in US and no law will care about these two person. In simple words, the H1 employee is a temporary worker, the PERM advertisement is to find a permanent worker (new hiring process), so these two are completely different. Your HR director is stupid!
The HR insists that it must be the same and won't contact an atterney for advice until the advertisement is done and she finds nobody that qualifies. She said it's simply not worth it (paying an atterney) if we can't go through the advertisement process.
-You need to convince that stupid person that the PERM advertisement (hiring process) is the most important part of the PERM filing/I-140 filing, and you absolutely need a lawyer to help you out. If the advertisement work, you even do not need a lawyer because the later procedure is easy.
