Applying for EB2 and RIR when company has laid of employees

[sunny2002]

My company has applied for EB2 and RIR. I have around 7 years of
s/w experience but the company has laid off employees in Oct 2001.
My Labour was applied in Jan 2002.
with more scrutiny for RIR, What are the repurcusions of this case?
Is there a problem here?

 

[mikewang]

No Title

You are suppose to wait for 6 months after the layoffs before filing to be safe.

 

[sunny2002]

6 months waiting period

Is the 6 months waiting period required by law or is it a safety
net?

 

[mikewang]

No Title

DOL will look at the 6 mths prior to your filing date to see if there is any layoffs? What state are you in?

 

[Nkelkar]

6 month wait

You have to wait 6 months.

Also I need soem clarification.
My LC was filed in OCT 01 from CA. There have been no layoffs in my company (well some in May 02, none that were advertised, people were quitely asked to go on unpaid leaves, not me lucky I am on a project).
Before OCT though my company was actively advertising and recruiting.
I have an MBA plus an OCP and have been in the field for about 4yrs now.
How does this all affect my LC under RIR. I mean the SESA is supposed to look for recruitment efforts 6 months prior to filling..

 

[sunny2002]

The LC was applied in California.

 

 

[sunny2002]

No Title

The LC was applied in California.