Boston DOL RIR denied

M

msdms

Registered Users (C)
EB2 RIR applied in Oct 2001

SESA approved Sept 2002
DOL priority date Sept 2002
Denied RIR in NOV 2002

Seems like all s/w engineers in RIR are being denied (even if company has not had layoffs)
3 people applied along with me in EB3-RIR also denied.

Don't know reasons for being denied.

- Will the application go to non-RIR processing now
- Do I have to do any paper work to move it to non-rir
- What are the chances of being denied in non-RIR
- What can I do now ?

Anyone in same situation. Any info will help.



:confused:
 
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They will send you notice for recruiting, at least you don't have go back in line for 3 years.
 
Got the details finally.

The RIR for 8 others in my company has been rejected on the same day. All of them s/w programmers. They have been denied one after another after Oct 15th.

The reason was based on the labor excess at the time of application (Oct 2001)


Not a single person layed-off and the company is very big and noted in this area.

So are there any folks who got their RIR cases (EB2 and EB3) approved in Boston after Oct 15th.
 
Boston DOL suggested several months ago that there was a surplus of IT workers in the area and that therefore RIR filings were probably not appropriate for IT workers in the Boston region.
 
NJ DOL: RIR

Jim,
Do u have any information about NJ DOL also. Did NJ DOL also felt surplus of IT workers
 
Jim,

How do we find the information about whether or not there is surplus of IT worker in perticular region ? Do you know anything about Chicago by any chance ?

Thanks.
 
No other region that I am aware of has made an official statement of their concern with RIR filings for IT workers. It doesn't mean that you will not encounter problems, just that they have not made a statement of overriding policy that I am aware of.
 
Jim,

I applied under EB2-RIR in Oct 2001. At that time the Boston DET was encouraging RIR filings.

I agree after Oct 2001 , the un-employment rate has sored up high. Also the Boston DOL has issues some kind of statement regarding RIR cases.
So why penalize folks who had applied when the market was still hot. Is there anything I (or my attorney) can do about this.
 
I think it's understandable they try to take care of their countrymen's interest ahead of us foreigners, espcially in this kind of market.

All you have to do is re-recruiting. Although you are not allowed to be involved, try talk to your manager, HR and work out something unique to you within the scope of your LC specification. Things usually turn out better than you thought.
 
I wasn't sure I posted this in SESA forum too..

My PD is 01/07/2002.
Case # 013273xx EB2-RIR
Reduct. in Recruitment Denied On 11/22/2002
post: Computer Systems Analyst.
What are my next steps. I am new to this forum.

Thanks for help.
S.
 
Hi bbb1974

I applied form MA.
Even though my ETA form and designations are "Programer Analyst"...the conversion of DOT and SOC made it "Computer Systems Analyst"......and something is not right with the job desc.

anyways anyone happen to what next steps are:

Q1. Will my appl. automatically goes to non-RIR after specified time, still maintaining my PD.

Q2. Is there any intermediate process like may be appeling or something..

Q3. My company had zero layoffs so far :)

thnx.
S
 
Q1. Will my appl. automatically goes to non-RIR after specified time, still maintaining my PD.

Your attorney can send the DOT/SESA a letter stating that you want it to go to the non-RIR queue. Elase after the 30 day notice time, it will automatically go to the non-RIR queue.


Q2. Is there any intermediate process like may be appeling or something..

Nothing can be done and my attorneys have looked into it. Just have to follow the state processing rules and proceed.

Q3. My company had zero layoffs so far

I dont think this matters any more. Same with my company too.


BTW: What state did you apply thro.
 
Questions for LC Rejection

1)If the LC is denied under RIR, Can we apply for 7th year extension?

2)If the LC id denied , Does SWA changes the case to NON RIR and continue with the case, How long does this process takes palce.

3)If so how long does it take to go back to Federal DOL.
 
One of my friend's case is also denied today:

PD# 03/15/2002
Case # 0132XXXX
DOT Code 999.151-051
DOT Description Computer Systems Analysts
RD# 01/28/2003
Current Status Reduct. in Recruitment Denied On 02/03/2003.

(RIR-EB2) from Massachusetts.
 
The state has asked the company to place the ads in the paper.

So my company will start interviewing these candiates. So what happens if none of the candidates fit the bill. Won't the SESA get suspicious.

Lets say SESA is all fine with it and sends it to DOL. Can they put another query back to the company. Or can they reject a NON-RIR application.
I have alredy gone one cycle and hate to get rejected back again.

What is the success rate of such cases...



Lc_va

1. dont know answere

2. takes about 6 to 8 months more

3. DOL should get the application in 3 to 4 months from the state
 
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