Effect of backlog reduction/PERM/updated rules on new LC

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floyd777

Registered Users (C)
I am currently in the phase of sending out ads for the RIR but my lawyer says that it will not be possible to submit the application before January 1st 2005.
He is saying that unless we hear otherwise, we should continue the RIR process.

I am not sure what the best thing to do would be. Just wait it out till January 2005 and apply under the new deadlines or not. In any case it is too late to meet the January 2005 deadline least under the RIR process.

Does any one know if the current RIR process will be totally scrapped and PERM will be the ONLY WAY to apply for labor?

If that is the case and if PERM is tough then all of us who did not apply earlier are screwed and can give up our dreams of getting a green card unless laws change more??

This new process could either be great or very bad news.

By the way, what is the point of applying from faster states when the laws are going to change anyways?

Any replies would be appreciated.

Thanks,

Floyd.
:confused: :confused:
 
floyd777:

I am in the same boat. Actually I post this question in several threads but nobody responsed. My employer just started the advertisement for me last week, My attorney said we still can catch 12/31 deadline before PERM. I'm in NY, my attorney said NY office will send my application to wherever center they believe correct. So my fate is under their control. After 6 weeks of the advertisement, my attorney will prepare my case in the middle of December. Before 12/31, I believe my application could be mailed out but which center it will go to, NPC or BEC, nobody knows. And my attorney can not tell which way is better for me.

I think it may be faster if they send my application to NPC. because in BEC it's definitely I'm in the bottom of pipeline, - two more years to wait definitely. But in NPC, it's not sure if my advertisement fits PERM. So my attorney said the same thing as your attorney, currently just do everything under RIR, as long as PERM regulation is not out yet. I think PERM maybe a better choice, and I believe PERM can be in effect next year. so why don't you just wait two more months to try PERM?
 
Yes that also makes sense

Yes, that is true as well.

No body knows whether to wait and see or to just apply straight up and go to the bottom of the pile.

It will be great if other people in similar situations can respond too.

I am filing from NJ and the wait time just like NY is horrible.

Floyd
 
Another one here in the boat. I am going to let my employer go thru the advertisements and other paperwork. Partly because I don't think we will make it before Dec 31st even if I wanted to (we just started the process). The LC application would reach the SWA sometime in Jan/Feb, and we will have to see how that goes.

My impression so far is that it will end up being in NPC from SWA (assuming PERM is not implemented until then). I am kind of hoping that PERM is not implemented for the next 6-12 months. This way, the NPCs would have time until then to process the LCs submitted after 1st Jan 2005, and hopefully will process them faster than SWAs in the same timeframe.

I know I did not answer any questions .. sometimes it feels good to know you are not in the boat alone when a storm is on the horizon :p
 
Great to know at least some people are in the same boat as me, as confused as I am.Actually I also hope NPC would not implement PERM within the half year so that I will have chance( at least a chance) to go to NPC and stay at the top of new pipeline. But one thing I'm really concerned is NPC may not go with my advertisement which is under current RIR rule.

I have another question, is after the advertisement, what's the next step? My attoryney just ask me to grab all resumes to him in 6 weeks after the advertisement. I'm in NY, do you know if my case would be sent to SWA? or NY local office? Sorry I may asked a very fundamental question, I'm really new to LC procedure and my attorney is too busy to answer all my questions. If you know, could you tell me after ad. where the case would be sent to? SWA or local office?
 
This is purely my personal opinion based on what I understand. It may be wrong. Please talk with your attorney about the options.
At this moment, forget about RIR. It won't do any good. Before, people file RIR because it is faster. But if you file now, you will be the bottom of all cases in BECs, so it doesn't matter it is RIR or non-RIR. I suggest that you all file non-RIR, which you don't need to wait till you finish all the recruitment processes before you can file your petition. That way at least you can get an earlier priority date, which becomes more and more important. Non-RIR doesn't need to invest in the recruitment process up in front. If PERM starts, you may file another petition through that path if all possible.
 
I saw all the discussion on RIR and hopefully you guys can help me out. I would really appreciate any input on this.

My company just started the RIR process. I sent the required documents to my lawyer and the company told me that once they recieve the paper work from the lawyer and send the signed papers, they will have to run the ads(job postings) for 2 weeks. When I asked them why 2 weeks when i read all these concerns of people who say 6 - 8 weeks, they told me that they run "some" ads once every month and this particular job posting for me has to run for 2 weeks. What are they talking about ? Does it make sense to you guys ?

Please help
 
Hello

Hi everyone,

Thanks for the messages. Looks like there are people with this problem.

My question to anyone who is reading this is - can we change from Regular to RIR while the processing is in place? Is that possible?

Has any one heard any updates regarding the new changes from next year from their friends or attorneys?

Thanks,

Floyd
 
tradhi said:
I saw all the discussion on RIR and hopefully you guys can help me out. I would really appreciate any input on this.

My company just started the RIR process. I sent the required documents to my lawyer and the company told me that once they recieve the paper work from the lawyer and send the signed papers, they will have to run the ads(job postings) for 2 weeks. When I asked them why 2 weeks when i read all these concerns of people who say 6 - 8 weeks, they told me that they run "some" ads once every month and this particular job posting for me has to run for 2 weeks. What are they talking about ? Does it make sense to you guys ?

Please help
Click to expand...
tradhi:

I don't know what it should be, but my employer didn't get any paperwork from attorney before start posting. Maybe because I paid the post by myself, so they just post advertisement for me last week, and my attorney ask me to take all resumes to him in 6 weeks. then file to SWA, I think. By the way, I'm in NY. maybe different state has different recruiting rule?

By the way, will you go for RIR or PERM? I just saw a post in Internet saying PERM is really tough. I think I have no chance with PERM. so I hope to catch 12/31 deadline. How about you?
 
What do you mean by PERM is tough ? I am thinking of catching the deadline but why do you think you dont have a chance at PERM
 
tradhi said:
What do you mean by PERM is tough ? I am thinking of catching the deadline but why do you think you dont have a chance at PERM
Click to expand...
because PERM requires more in recruitment process. SWA can monitor the recruitment and .... anyway, it's more tough. But Luck is much more important.
 
gy75

I've heard that a co-operative employer might make a big difference on PERM? Also I've heard that PERM has more luck involved because they are going to leave the recruitment verification (as to how many people showed up for the job offer, why they were rejected etc.) based on good faith attestation by the employer. But if they audit an employer and they find issues then they can bar the employer from applying for labor certification for a certain period.

I don't know if this going to be part of the final process.

Floyd
 
radosav1

well..you can always finish your 6 year term and stay out for one year and come back on a new H1 and if you have contacts here it will probably be easier.

then start the process all over again.

Floyd
 
floyd777 :

are you sure? if you come back as a new H1 you can get another 6 years even if you have already been a H1 for 6 or 7 yrs in this country before ? I thought every person only has one 6yr H1 for the whole life.
 
floyd777 is correct. You can be out of the US for one year and come back on a fresh H1B and the H1B clock will start again for the next 6 or 7 or 8 or XX years.
 
Yes its true. Your H1B counter will restart if you stay out of USA for 1 year and then come back.

BTW I am also in same situation and confused whether to wait till Jan 2005 or apply now. The best we can do (as a group) is keep updated each other with latest changes. Thanks.
 
Can you come to visit on tourist visa in the 1 yr

In this 1 yr interim does anyone know if you can visit US temporarily for a few weeks on B1/B2 tourist visa ?
 
texancanadian said:
In this 1 yr interim does anyone know if you can visit US temporarily for a few weeks on B1/B2 tourist visa ?
Click to expand...


I think you can, but it will reset the 1 yr clock. It is going to be 1 yr after you leave the country on B visa before you can come in on H. I am not 100% sure about this though.
 
Labor cert/RIR/Non-RIR/PERM

Hello all
my situation is that my company is currently trying to go through the ad process,for the RIR process.
However they say it might take a few months.My 5 yrs on my H-1 expires in May 2005,and hence i need to file a labor cert before that in order to extend my visa beyond 6 years.
Given the changes with the whole process does it make a difference anymore about filing RIR or non,since it is getting centralized.would it be advisable to file under non-RIR for now,and then file RIR/PERM Jan1 2005 when there is more clarity to the process.
I'm trying to see if my company legal dept is ok with this idea,however wanted to solicit input.Please do respond if you have any suggestions,as i need to come up with some strategy.
Thanks,
Sameer
 
Hi

I am in exactly the same situation right now. My lawyer has said he will discuss this with some people and let me know if it is a good idea to just go through the regular process and put my application in the queue and then decide what to do at the beginning of next year.

I have also heard that the whole process will change AFTER 60 DAYS of PERM rules being published. As far as I know the rules have not been put into effect. So what does that mean? Does it mean that we have another 60 days after January for this? Or 60 days from now?

Floyd
 
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