Any catch??

S

sbeotra

Registered Users (C)
I am an investment banker based in NYC thinking of applying for GC. My lawyer is advising me to file a traditional one right away and simultaneously start the placing the ad etc.. So if after 6 months of sufficient efforts, the company is not able to find any suitable match, they will then switch my application to RIR.

Makes sense to me logically - I can get in the queue without wasting anytime (RIR is going to take 6 mos. anyways as my company has never done any recruiting efforts in the past) - but was wondering if INS/DOL looks at "switches" differently or if there is something I am missing. Appreciate all help.
 
Can we do that..?

I am not positive if you can convert non-RIR filed now can be converted to RIR. If I recollect correctly, non-RIR filed before a specific date Aug,2001 (???) can only be converted to RIR. I am also told that one can not have both RIR and non-RIR applications from same SESA.

If both rules above are correct, there is no benefit filing now since you won't be able to convert to RIR and keep the PD but will have to withdraw non-RIR and file new RIR with new PD. May be, this is what your attorney talking about..

Better seek a clarification...but may be I am wrong!
 
Re: Can we do that..?

Thanks all for your replies! I am new to this and hence very much appreciate the education.

PradK, what are PD and SESA? Also, I won't be having both the applications from same "SESA" - it is one or the other at a time.

Originally posted by PradK
I am not positive if you can convert non-RIR filed now can be converted to RIR. If I recollect correctly, non-RIR filed before a specific date Aug,2001 (???) can only be converted to RIR. I am also told that one can not have both RIR and non-RIR applications from same SESA.

If both rules above are correct, there is no benefit filing now since you won't be able to convert to RIR and keep the PD but will have to withdraw non-RIR and file new RIR with new PD. May be, this is what your attorney talking about..

Better seek a clarification...but may be I am wrong!
Click to expand...
 
PD -- Priority Date, date which your application is received at SESA and
SESA is State Labor Office which processes your application to start with. It is at SESA typically where your application takes longer in most regions.

When the Visa numbers (immigration visas have annual limit) are less than people who are ready to apply I485 (adjustment of status) then your PD is important. BCIS will give a cut off date and all applicants before that PD can only apply I485. But since now all employment categories are current it is not important, but every one I know hates to make a projection for coming months :-)

I was thinking that you are trying to lock-in an earlier PD by filing non-RIR and was thinking that it may not be possible. But I agree you can always file non-RIR for just in case situations and then proceed with RIR.

HTH,
 
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