New RIR Labour in Texas

O

osheth

Registered Users (C)
Hi all,

After an era of massive layoffs, it is little bit scary to start a process for RIR labor cert., especially in Texas where it is going at very slow pace.

It would be nice if we could share information about the RIR/Labor petitions filed lately so that some of us can take benefit of experiences of others.

Thanks all for joining and participating in this discussion thread.

Good Luck.
 
Any expert comment ??

Wise to wait or should jump start processing ?

Any comments from Gurus shall be highly appreciated.
 
No Title

I am not an expert on this matter, and here is my 2 cents thought. Depending on your profession, if you are in the IT field, and your company has layed off people in this area, it is better for you to wait. Otherwise, you can filed your RIR case.
 
An interesting isuue, you can comment on....................

Guys,

Let me share my information and have your opinion on my concerns:

Mine is small company and we never had any layoffs so far. In fact we have record breaking projects on hand now a days. We went thru advertisement campaign and we received less than 10 resumes in response to it and out of those just one has some possibilities that he could meet our requirements.

Now my concerns are:

1) Whether should I wait until market gets better or not ? if yes, how long b\'cos no one can expect that market would be better in near future.

2) What would be the stand of SESA/DOL ? Do they go by case by case basis or as Cisco, Nortel and other companies have declared layoffs, they would outrightedly reject all RIR applications ?

3) Mine would be RIR-EB3 case and I have 3.5 years left on my H-1B. Do you think if I opt for waiting for about 1 year from now, rest of the time would be sufficient to get GC without much hassels ?

4) What would be the worst consequences, if I file an RIR petition now ? Can I reapply for RIR at a later date if they treat my case under non-recommended route?

5) What would be the processing time frame for non recommended RIR cases, considering that they allowed non-RIR cases to be filed under RIR category so the backlog under non-RIR cases might be reduced significantly ?

I know, no one can answer these questions with surity but any guiding lines/hints based on your experience/knowledge would help me a lot in making my thoughts clear and in reaching a decision in the light of facts.

I shall highly appreciate if you could throw some light on these issues and if you could pointout results (SESA\'s decision - Recommended / Non-recommended) of cases filed under RIR in May-June 2001 b\'cos as per my understanding they might have gone thru the same sort of situation at that time.

For me, Decision(either way) taking is an important issue so that I could concentrate on other issues after I am done on this issue.

Thanks a lot for your time.

- osheth
 
No Title

They way i\'d see it, one resume isn\'t bad.. In an RIR application, you could simply choose to ignore it ;-)

However, there is no harm in trying. In TX, I\'d say dont waste a day more than you have to. Go ahead and apply. Whats the worst that can happen ? It will not be approved or be placed in the non recommended route.. Either way, you can always withdraw it down the lane and refile another LC when the scene improves.

On the other hand, if it does go through, you will gain.
 
No Title

I beleive you can always withdraw and refile.. As far as I know, the rule of the thumb is that a company cant have two applications pending for the same person for the same job description.

So if you have one pending as say, Programmer Analysts, you can refile another LC as DBA without withdrawing your original case. But nothing stops you from withdrawing the case and refiling. I\'m not a lawyer, so you may want to get some legal advise.

Another thing I know if that if your LC is denied for reasons other than low wage, you CANT refile for the next 6 months.
 
how can we ignore it?

How can we simply ignore it? Especially ad with email address will get tons of resumes without any relation at all. It does not cost for anybody to send an email. I am wondering how can we report to the Labor we received 100 resumes and we ignored it because it does not have any reference at all. It is really complicated. At the same time I have suprised some lawyers are smart enough to apply and get RIR.
 
No email ids in advt.

I think, sometimes employers don\'t advt their email id at all in order to avoid all non-serious applicants.

Hope, it helps.
 
You are right. Still...

In my case my lawyer preferred giving email. The internet ad supposed to have email id, the lawyer say. I am wondering is there any company who give the accurate count of resumes?
 
No Title

I think, it is a valid question. It all depends upon company\'s stance on that issue. Sometimes companies set some procedure so that they can file multiple cases under RIR category without going for the advt again & again.
 
if your employer has not laid off - go ahead and file

If your employer has not laid off anyone go ahead and file your RIR. If an employer has had layoffs then the LC folks want to know whether an American could have done your job but was laid off instead of you. If your company is a biggie with lot of layoffs, you will guaranteed be kicked onto a slow track designated for more investigation. For example, TX (where I am) is incredibly slow in everything it does - so start right now! There is no rule (yet) that areas with high layoffs in a certain zip will take longer - it is evaluated on a company basis.

My personal experience:
- my RIR EB3 was filed in Sept 00 and approved Feb 01
- a colleague\'s RIR EB2 filed a bit later, during that time layoffs happened. Only laborers were affected but DOL made a request for more information. The LC was approved with delay of several months
- other colleagues\' RIR EB3 in exactly the same position as mine filed in Dec 00 are still waiting for any news. The company has undergone three rounds of massive layoffs including many of our jobs. I don\'t know what will happen to those

As far as that one decent resume concerns: isn\'t there anything that you can say does not meet the minimum standard? Many people beef up their resume to get the attention of employers, probably a phone call to verify all credentials would be an idea but I don\'t know whether that is supposed to be done.

Good luck - you are in a good position
 
No Title

I never new that one can withdraw and refile. Can I refile evenif I am with same employer ?
Don\'t you think ignoring an application could invite unnecessary troubles, if reported ?
 
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