LC Remand and PERM, HELP!!!

N

negitla

New Member
I started my RIR LC application on Aug 2001 as a software engineer in
San Francisco area, the position requirement is bachelor with no experience.

My state Piority date is 8/14/2001, Regional date is 7/31/2002 but the application was remanded to state regular processing on 6/12/2003. I did
not hear anything from SWA so far. My lawyer always ask me to wait for the
PERM. But I am kind of worry about the successful rate of my case under PERM. I need help/advice from you gurus:
1. Since PERM is still not finalized, what would you suggest me to do
now: to start over a brand new RIR application than just waiting for
PERM?
2. For LC regular process in SF, how long it would take and how difficult is
it comparing to RIR? I notice the processing date for LC state is
06/2004 while on DOL website, it shows Apr. 2001. Which one is right?
3. Any body make any progress after remanded to state?
4. I have two other workmates, one file the LC about one month ago and
the other file 2 months later, both of them got the LC now and it is
the same job requirement as me. As a matter of fact, all the LC
applicant but me in my company got the LC. My lawyer told me there are other his clients submit around the same time got the same problem.
Sounds like just my bad lucky, but did you see any similiar case like me?

A lot of thanks!!!
negitla
 
My Case is exactly same as you.... I don't know what to do.. Thinking of quitting company..

rr


negitla said:
I started my RIR LC application on Aug 2001 as a software engineer in
San Francisco area, the position requirement is bachelor with no experience.

My state Piority date is 8/14/2001, Regional date is 7/31/2002 but the application was remanded to state regular processing on 6/12/2003. I did
not hear anything from SWA so far. My lawyer always ask me to wait for the
PERM. But I am kind of worry about the successful rate of my case under PERM. I need help/advice from you gurus:
1. Since PERM is still not finalized, what would you suggest me to do
now: to start over a brand new RIR application than just waiting for
PERM?
2. For LC regular process in SF, how long it would take and how difficult is
it comparing to RIR? I notice the processing date for LC state is
06/2004 while on DOL website, it shows Apr. 2001. Which one is right?
3. Any body make any progress after remanded to state?
4. I have two other workmates, one file the LC about one month ago and
the other file 2 months later, both of them got the LC now and it is
the same job requirement as me. As a matter of fact, all the LC
applicant but me in my company got the LC. My lawyer told me there are other his clients submit around the same time got the same problem.
Sounds like just my bad lucky, but did you see any similiar case like me?

A lot of thanks!!!
negitla
Click to expand...
 
My husbands case is exactly the same. His case was filed under Masters but no experience. He hasn't heard anything back as yet. Not sure what the hell is going on.
 
Suggestion....

Although I may not be qualified....nor have the complete knowledge...why dont you guys quit those places alltogether...move to another comp in some other place...

PERM is still a myth and nobody knows how the heck it is going to work.

:)
 
Maybe this is just my opinion, but for me it does not make sence LC with Bachelor but no experience. In any University have thousands of graduates. Most of them US citizen. Try and prove you are not substituting them! I can not believe somebody would get that kind of LC. I am not here to critisize anybody though.
What I would do is dump that lawyer(take the money back if possible), start another RIR ASAP, with experience for higher position(so you could apply exp in the company).
Just my opinion...
 
Same case as urs mate

U should look for a backup, if u wait for CA State, they are not going to process ur case for another 3-4 yrs at least. THey are taking 6-7 months to process 1 day of non rir, which is currently 27th April.
If ur company has offices in any other state, try to file an application from there, or find other job. It is easy to say find another job, I have had that option, but I am decide not making a compromise on my job. I filed thru Chicago in Feb and with BRCs hoping that I would make it from there, else, go back to India next year.
For me it's too late to be switching to another job now.
Forget about PERM, it would never happen, at least in a time frame that could benefit us in anyway.
Only hope is backlog reduction centers, till they also get backlogged and then they decide to outsourcing processing of LCs.
 
Quitting Company and file through other employer is the best option ????

I have still 1.5 years left in my H1. Looks like quitting current company and file throught consulting firm and work for them is the best only option available

Is there any options left ??? Is there any move towards non-rir cases in the state movements? If my case gets the old priority date under non rir, that would be 20th Feb 2002 and as you all know current non-rir in April 2001. Can I put some hopes there taking into consideration of backlog centers?

BTW, I have 2.5 years of experience with B.S when I applied GC ....

- rr


Days_go_by said:
U should look for a backup, if u wait for CA State, they are not going to process ur case for another 3-4 yrs at least. THey are taking 6-7 months to process 1 day of non rir, which is currently 27th April.
If ur company has offices in any other state, try to file an application from there, or find other job. It is easy to say find another job, I have had that option, but I am decide not making a compromise on my job. I filed thru Chicago in Feb and with BRCs hoping that I would make it from there, else, go back to India next year.
For me it's too late to be switching to another job now.
Forget about PERM, it would never happen, at least in a time frame that could benefit us in anyway.
Only hope is backlog reduction centers, till they also get backlogged and then they decide to outsourcing processing of LCs.
Click to expand...
 
PERM is still a hypothetical. The Regulations are not out. Every year for the past several years there have been discussions at the annual AILA convention and statements that it is "just around the corner". It does look close, but it does not exist yet and it's supposedly been close for nearly two years. I''l believe it when I see it. Additionally, PERM is severely restricting the use of certain things, eliminating others entirely, and greatly reducing the employer's ability to disqualify applicants as unqualified.

It is a much faster, but much different, process.
 
I would not wait for PERM, if I were you.
I would see if there is a way to file LC (RIR/Regular) thru an employer located in a state where the processing is faster.
 
Also consider other factors

like how is ur company and job, if u wait for Non rir, that might take another 2 yrs at least, u can get h1 extensions till then. Do u want to consider that option. The regulations said that BRCs would process all the backlogged cases in 2 years, with any luck. The good things is they would do state+fed. So, if u this theory holds true, u should get labor in 2 yrs, then concurrent filing for 140 and 485 would take some more time, but at least u would be in charted waters by then. I wouldn't trust them about 2 years time line though. This is a govt agency and work is done by contractors, they make money by staying longer.
If u think u can hold ur employment till then, it is worth considering. If u quit now and apply elsewhere, u would end up spending a few months preparing papers etc, then file ur papers, and u have to file the papers in next 5 months so that u can get h1 extensions next year.
I am in exactly the same boat, though I also filed thru calif in May 2001 and also sent filed thru Chicago, feb this year. And, I have also sent in papers for Canadian PR, though I would rather just go back to India. Just to keep an option.
 
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