Non RIR Discussion Only !

[ma_nonrir_eb3]

I know this isn't the right form but I need to vent !

My 6yr on H1 visa expires TODAY Jan 24, 2007!
I have been emailign him and my HR since Oct 2006 to do the 7th yr extension. Since I did NOT hear a word from them I assumed they did it...
and yesterdasy I sent a repeat email to my frikkin lawyer asking to update me on my H1 extension status...call it 6ht sense but its funny I chose yesterday to do it!
hardly 5 mins after I email my lawyer I get a call from who else but 'GOD' himself saying 'oh crap we havent filed your 7th yr extension and it expires tmrw'..
so when I tell him you moron I sent you 10 emails regarding this..why did u ignore it so long???
So he cooly replies saying 'oh it slipped thru the cracks!!!!' anyways send me this this this docs RITE NOW!

i almsot died of a heart attack...no kidding. my chest really hurt!
so long story short, he rushed in the application n Fedexed it yesterday to VSC and was nice enough to keep me posted and also share the tracking number.

It's yet to be delivered.

so my ? to all you gurus...
am I safe? my visa expires TODAY Jan 24th 2007. Is it Ok for the application for 7th yr extension to reach VSC today?

appreciate your responses.

As long as you have proof that you dispatched it before the expiry date, you are safe.

 

[so_depressed]

I feel this is a good news. Basically it's time for early 2002 TR cases now from what we've observing. You should see your ad on AJB soon and after that it will be around 4 months to get certified.

Hi Guys,

Does anybody know the significance of having heard from the 202-phone number "you case have been assigned to an Analyst"? Do we know how long the analysts take to certify?

My case is TR, Regional, SWA Florida, Feb. 2002.



Thanks,
URgentV

 

[so_depressed]

Lucky7, I had the same thought as to the 'Jan. 23rd there will be a flood of posts'. But a smarter guy pointed out that BECs will need some days to go through all the RIR conversion request emails before they can begin to post ads. Make sense?

Dont hold your breath going by those dates.
My Attorney told me these timelines.
All RI sent out by September 2007
All recuitment done by November 2007
All cases adjudicated by February 2008.
Just to get all TR RI sent by April 2007,the number is close to 86,000,seems impossible because if the DOL were really going by the April date January 23rd you would see a flood of jobs posted on ADJB because that was the cutoff date for RIR conversion.
Expect a new announcement from DOL around April for the extension.

EB3 India PD April 2001 TR

45 letter November 2005
Analysts review September 2006
Rebutal sent October 2006 Status IN PROCESS.

 

[BarneySha]

thanka Gravitation and Ma_NONrir_eb3

apprecaite ur response.

 

[vsaminat]

What about people who have already received RI?

I think they would need to go over the emails they've received and determine if they are going to allow the employer to beging RIR-conversion in each case. Only when they've gone through all the emails would they really know what the subset of the cases is for which they need to begin the supervised recruitment. Unless you see a lot of people (such as myself) in the other "TR to RIR" forum reporting that they've received confirmation, I doubt if you'll see renewed activity on AJB.

I have received my RI and finished my recruitment period on Dec 30 2006 (No Recruitment Report instructions received yet :-( ). Does this mean that AJB is not going to work on my case any more or is there an analyst who has already been assigned to my case and so I can hope to be certified in a couple of months?

 

[sachv_]

I have received my RI and finished my recruitment period on Dec 30 2006 (No Recruitment Report instructions received yet :-( ). Does this mean that AJB is not going to work on my case any more or is there an analyst who has already been assigned to my case and so I can hope to be certified in a couple of months?

did u'r attorney try contacting BEC

 

[ma_nonrir_eb3]

I have received my RI and finished my recruitment period on Dec 30 2006 (No Recruitment Report instructions received yet :-( ). Does this mean that AJB is not going to work on my case any more or is there an analyst who has already been assigned to my case and so I can hope to be certified in a couple of months?

People who have received RI also fall in the category of those whom BEC considers potential RIR-conversion candidates. Once they've finished reviewing the RIR-conversion request emails, they should begin sending the instructions for sending recruiment report for those who have been issued RI but have chosen not to avail of RIR-conversion. The premise is that IF you request RIR-conversion even if supervised recruiment was started on your case, you are supposed to consider any resumes that were recieved by them in response to their job order and/or your ads. I don't know why anyone would request RIR-conversion at that stage, but the BEC FAQs still regard you as potential RIR-conversion candidate.

 

[Days_go_by]

Update from DOL

01/24/2007: DOL Procedure to Correct Type of BEC Cases on Status Report Site

* The Office of Foreign Labor Certification (OFLC) announces a procedure for employers or their authorized representatives to follow if they believe the case type as reflected on the Public Disclosure System (PDS) is incorrect (e.g., if it is listed as TR but they believe it should be RIR, or vice versa). In such an event, e-mail the general information e-mail box at the appropriate Backlog Elimination Center (BEC). The subject line of the e-mail must read "Incorrect Case Type - Case # [insert case number]." The body of the e-mail should explain why the employer believes the case type is incorrect. Any supporting documentation may be attached as a pdf. The BECs will review the case and reply as soon as possible based on the volume of requests. For the details, please visit OFLC site.

 

[UrgentV]

Thanks,
I thought Regional Casses did not need to do recruitment again????????. I already went over the ads at the SWA level.

I feel this is a good news. Basically it's time for early 2002 TR cases now from what we've observing. You should see your ad on AJB soon and after that it will be around 4 months to get certified.

 

[ma_nonrir_eb3]

Backlog Creation Centers

01/24/2007: DOL Procedure to Correct Type of BEC Cases on Status Report Site

* The Office of Foreign Labor Certification (OFLC) announces a procedure for employers or their authorized representatives to follow if they believe the case type as reflected on the Public Disclosure System (PDS) is incorrect (e.g., if it is listed as TR but they believe it should be RIR, or vice versa). In such an event, e-mail the general information e-mail box at the appropriate Backlog Elimination Center (BEC). The subject line of the e-mail must read "Incorrect Case Type - Case # [insert case number]." The body of the e-mail should explain why the employer believes the case type is incorrect. Any supporting documentation may be attached as a pdf. The BECs will review the case and reply as soon as possible based on the volume of requests. For the details, please visit OFLC site.

One things for sure, BECs have specialized in creating ad-hoc procedures and backlogs of their own. Here are the backlogs within the backlog centers that I am aware of:
1. Backlog of emails for non-receipt of 45-day letters
2. Backlog of emails for incorrect case-closures
3. Backlog of emails for incorrectly withdrawn cases (for those that filed additional PERM)
4. Backlog of emails for RIR-conversion requests under "hold harmless".

And now, we'll have a backlog of emails for incorrect case types.

 

[vsaminat]

People who have received RI also fall in the category of those whom BEC considers potential RIR-conversion candidates. Once they've finished reviewing the RIR-conversion request emails, they should begin sending the instructions for sending recruiment report for those who have been issued RI but have chosen not to avail of RIR-conversion. The premise is that IF you request RIR-conversion even if supervised recruiment was started on your case, you are supposed to consider any resumes that were recieved by them in response to their job order and/or your ads. I don't know why anyone would request RIR-conversion at that stage, but the BEC FAQs still regard you as potential RIR-conversion candidate.

Actually this FAQ (http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_12-22-06.pdf) says that employers who have already completed recruitment under TR process might not be expected to gain any advantage by initiating RiR conversion:

13. What if the employer has begun recruitment to convert the application to RIR status and has published ads? Can the employer still file for RIR conversion under this opportunity?

If the employer has already placed an advertisement and begun recruitment under TR, it is unlikely that conversion at that point will result in a substantially faster resolution to the application. Such an employer may wish to simply continue with its TR application. .

 

[so_depressed]

Oh sure then I don't think you'll need go through that again. 3 of my colleagues who have done ads before going to DBEC got certified recently with PD of Aug.2001.

Thanks,
I thought Regional Casses did not need to do recruitment again????????. I already went over the ads at the SWA level.

 

[vsaminat]

did u'r attorney try contacting BEC

He says we should wait till the end of the month before contacting BEC

 

[ma_nonrir_eb3]

Actually this FAQ (http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_12-22-06.pdf) says that employers who have already completed recruitment under TR process might not be expected to gain any advantage by initiating RiR conversion:

They may not gain anything, which BEC has acknowledged. But that does not mean BEC is not expecting some of them to request RIR-conversion (for whatever reason). To that effect, BEC would hold further prcessing on such cases until they've reviewed all RIR-conversion request emails.

 

[ny-nonrir]

Filed recruitment report today

Wait for the final decision begins.

 

[NTom]

Same here

Just heard fm the lawyers tht they've responded to BEC tht they found no qualified person for my post. Now the wait begins. Hopefully its a short one

 

[sachv_]

Important Question

We got RI last week of November....did the recruitment...period ended Jan 10th...
Waiting for the BEC Recruitment report...
Now I find out we are going to have layoffs(I knew it was going to happen) but the date is Jan 31st...
What happens if by 31st we haven;t submitted back the recruitment report back to BEC...
Kind of worried.

 

[MapleNY]

Need your input on to proceed or not! URGENT!!

Here is my case.
{NON-RIR-EB3, PD- May 2002, RI recieved- Mid Dec 2006, Recuriting period 12-29-2006 ~ 1-29-2007}

My attorney is highly concerned about/against posting an AD or even keep pursuing this track for me since I have an approved LC under PERM late last year (with a new PD- Aug2006) before getting the RI and we've just filed I-140. My attorney thinks it will jepordize my new PERM if I keep the old case open. Any thoughts on this?

If we post an AD and get resumes, will my old case die automatically or there are ways to document? Will my new case under PERM be affected? My attorney say both my cases will die once there is a qualified applicant, is that correct?? I need to make up my mind on whether to place on AD today (do I have to place an ad?) since it's near the end of the recuriting period. I greatly appreciate your input!

 

[ma_nonrir_eb3]

We got RI last week of November....did the recruitment...period ended Jan 10th...
Waiting for the BEC Recruitment report...
Now I find out we are going to have layoffs(I knew it was going to happen) but the date is Jan 31st...
What happens if by 31st we haven;t submitted back the recruitment report back to BEC...
Kind of worried.

From what I know, as long as you have the recruitment report done based on ad campaigns by BEC and yourself (based on the RI), the layoffs that are about to take place should not have any effect. Layoffs affect the ongoing RIR efforts, since they void the premise of RIR, but you should be fine.

 

[vexlak]

01/24/2007: DOL Procedure to Correct Type of BEC Cases on Status Report Site

* The Office of Foreign Labor Certification (OFLC) announces a procedure for employers or their authorized representatives to follow if they believe the case type as reflected on the Public Disclosure System (PDS) is incorrect (e.g., if it is listed as TR but they believe it should be RIR, or vice versa). In such an event, e-mail the general information e-mail box at the appropriate Backlog Elimination Center (BEC). The subject line of the e-mail must read "Incorrect Case Type - Case # [insert case number]." The body of the e-mail should explain why the employer believes the case type is incorrect. Any supporting documentation may be attached as a pdf. The BECs will review the case and reply as soon as possible based on the volume of requests. For the details, please visit OFLC site.

Would this also apply if you send email with the conversion request and have not heard from them?