life_w/o_gc
Registered Users (C)
ajay_non_rir said:
Good for you!
I am still waiting.
My PD is April 2002
EB3 NON-RIR
CA
Quick question are you in Computer filed?
Could you please provide first 5 digits of your ETA Number?
Thanks
Non RIR Discussion Only !
- Thread starter vpb
- Start date
Good for you!
I am still waiting.
My PD is April 2002
EB3 NON-RIR
CA
Quick question are you in Computer filed?
Could you please provide first 5 digits of your ETA Number?
Thanks
life_w/o_gc
Registered Users (C)
shagua said:
Hi shagua
Thanks a lot for your advice. Happy new year to you too.
NJ_unbelievable
Registered Users (C)
Non-RIR recruitment/advertisement instruction
Does anybody know recruitment/advertisement instruction detailed information about the non-RIR case? Who is going to issue the instruction? BPC or DOL?
------------------------------
EB2/Non-RIR/NJ
45 day letter: Received & Replied 12/2005
ETA: P05143-xxxxx
Does anybody know recruitment/advertisement instruction detailed information about the non-RIR case? Who is going to issue the instruction? BPC or DOL?
------------------------------
EB2/Non-RIR/NJ
45 day letter: Received & Replied 12/2005
ETA: P05143-xxxxx
Gogol75 said:
hi gogol75:
my reasons are as follows:
1. from what i understand about perm is that it was very unstable at the beginning. very few approvals and u have to have an attorney who knows how to do perm cases.
2. with PD as old as december 2001, I would wait until mid 2006. not many cases are ahead of u after they get through april 2001. i have seen 1 labor approved from BEC with PD in jan 2002. so please keep ur hope up.
did your case made to regional? u do know that with pending labor at BEC u can still get extension for h-1 right?
hope this helps...
-shagua
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shagua said:
Thanks Shagua,
No my case never made to Regional. It is Non-RIR EB-3 case from California and the 45-day letter was received/replied in October 2005.
Yes I do know about H1 extensions and I'm already in the middle of my 7th year.
My attorney thinks that there is no way to tell but it will still be atleast a year before BEC picks up my application (because of all the April 2001 cases).
There is no way to know when the application will be picked, when recruitment instructions be sent etc. etc. Was your case Non-RIR too?
Finally, the attorney said that it is my choice to either just wait for my BEC case, or do a PERM. His advice is to do a fresh PERM and leave the BEC case untouched. I'm inclined at conversion. In either case, I have been sick of waiting and waiting, and since my employer agreed for a PERM filing I'm going with it. This couldn't hurt, right?
My dilemma is to convert or not.
Regards
kalifornia_resi
Registered Users (C)
45-Day letter Received
Received notification from my attorney about 45-Day letter from Dallas BEC.
Here are the details:
Non-RIR
CA-EB2
PD: Aug 2002
RD: Never made it.
45-Day Received: 01/03/2006
45-Day Replied: Not-Yet
Field: IT/Computers
Received notification from my attorney about 45-Day letter from Dallas BEC.
Here are the details:
Non-RIR
CA-EB2
PD: Aug 2002
RD: Never made it.
45-Day Received: 01/03/2006
45-Day Replied: Not-Yet
Field: IT/Computers
Gogol75 said:
hi gogol75:
my case is non-rir eb3 just like yous but the difference is my case made to regional before it got to BEC. i know the wait may seem ridiculous right now but i do believe u are very close to the labor at BEC. can't say BEC has looked at all april 2001 but at least we are seeing movements beyond april 2001. do u have to pay perm filing fee? or your company pays? if u pay i really think u should reconsider. in addition, even if u get the 140 approved right after the perm we still need to wait for visa number to open up.
wish u the best of luck and again, all these are just my own opinion.
-shagua
Hangin2001
Registered Users (C)
Hi Gurus (Shagua et. al),
My PD is Nov 14, 2001 and RD is March 27, 2002.
Mine was an RIR case which was denied in April 2003 and remanded to State.
So, now it is a Non-RIR, EB-2 case from Texas.
I have not received a 45-day letter until now but I see that some Non-RIR cases with PD as old as mine have received 45-day letters or even approvals. What could the reason be? Should I be worried?
My PD is Nov 14, 2001 and RD is March 27, 2002.
Mine was an RIR case which was denied in April 2003 and remanded to State.
So, now it is a Non-RIR, EB-2 case from Texas.
I have not received a 45-day letter until now but I see that some Non-RIR cases with PD as old as mine have received 45-day letters or even approvals. What could the reason be? Should I be worried?
minn_pd_oct02
New Member
Here's my info, if you're in the same boat (similar PD and State), please reply.
bloomingdale
Registered Users (C)
abandon this labor process
Hello,
You cant abandon this process. This is ur dream. live wit it or go to the hell. Once your LAbor is out, u will be knowing the dollar draems (white opower).
If you abandon this process, other process also need to be filed by a attorney (Immigrant/citizen) but you are making more jobs for american economy.
Thank god This retrogression generating dollars for Us economy, still the DOL can work on new plans/idiotic matters.
THese dirty depts cant have a singlr process . Let them go to hell . One day they will be in their holes
basturds
Hello,
You cant abandon this process. This is ur dream. live wit it or go to the hell. Once your LAbor is out, u will be knowing the dollar draems (white opower).
If you abandon this process, other process also need to be filed by a attorney (Immigrant/citizen) but you are making more jobs for american economy.
Thank god This retrogression generating dollars for Us economy, still the DOL can work on new plans/idiotic matters.
THese dirty depts cant have a singlr process . Let them go to hell . One day they will be in their holes
basturds
Hangin2001 said:
hi hangin2001:
the possible reasons that u have not receive your 45 day letter could be
1. holiday season
2. your file is placed with cases like your situation(remand to state ones).
i just took a look at the most recent tracker, i saw one case in aug 2001 non-rir texas remanded to state case got approved. so i think u are not too far away. i would give BEC a little more time.
i would not worry because we know BEC is working on aug 2001 and no approvals show up for nov 2001 as of today.
just a thought,
if i were u, i would consult another attorney who specializes in immigration law and who knows about rir denial. if he or she thinks your case is not a good case then ask him/her your chance at the non-rir level.
hope this helps...
-shagua (not a guru, just trying to provide support to friends like u )
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Hangin2001
Registered Users (C)
shagua said:
Hi Shagua,
Thank you very much for your response. It seems like I do have some hope.
My company sponsors my attorney who specializes in immigration law and he seems to be okay. He too thinks I should give BEC some more time. But, like most other attorneys his responses are sometimes pretty unclear to me. I guess it is just the uncertainity of what is going on at DBEC.
My company is also in the process of filing a PERM application for me, leaving my TR case untouched (to keep the priority date). I am in my 8th year of H1B and it is pretty frustrating. Hope 2006 proves to be the lucky year.
On another note, I requested my case status (screenshot) from DBEC more than 2 months ago but so far there has been no response. Can I request one from PBEC? Or will I be just infuriating the BECs by doing so?
tarikida said:
hi tarikida:
yes, one can loose priority date if the case is not identical. i am assuming that hangin2001's attorney is making sure of this.
here is some more info i found from one of the attorney's website:
"Starting on August 31, 2005, for new PERM filings, once the PERM case is certified for the same alien-same employer combination, any pending RIR cases or non-RIR cases pending at the Backlog Reduction Center will result in a Notice of Findings (NOF) from the BRC with an Intent to Deny the BRC pending labor certification, regardless of the fact that the BRC pending case is for a different job classification"
"If the USDOL inadvertently certifies the labor cert under PERM as well as also certifies any pending RIR or non-RIR case at the BRC, (for same alien-same employer) and the USDOL finds out about it, the USDL will revoke the PERM certification first, no matter whether it was the PERM case that got certified first or the BRC case that got certified first. Note: It will be the PERM case will be revoked first."
-shagua
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Not correct
Shagua,
Where did you find this information?
The DOL indeed issued this statement but later retracted it.
Here is the extract from the latest DOL update regarding multiple labor certification filings (taken from www.murthy.com):
"Pre-PERM and PERM Filings Issue Not Clear
As indicated above, this FAQ does not address the increasingly common situation of an employer that has filed a labor certification under the pre-PERM system and has also re-filed essentially the same case under PERM. This issue is being considered, with input from stakeholders."
According to the latest update, DOL is yet undecided on cases where a labor is pending at BEC and another is filed through PERM. So for now it is allowed.
The latest DOL update deals in detail with cases where multiple PERM cases have been filed for the same alien-employer combination.
shagua said:
Shagua,
Where did you find this information?
The DOL indeed issued this statement but later retracted it.
Here is the extract from the latest DOL update regarding multiple labor certification filings (taken from www.murthy.com):
"Pre-PERM and PERM Filings Issue Not Clear
As indicated above, this FAQ does not address the increasingly common situation of an employer that has filed a labor certification under the pre-PERM system and has also re-filed essentially the same case under PERM. This issue is being considered, with input from stakeholders."
According to the latest update, DOL is yet undecided on cases where a labor is pending at BEC and another is filed through PERM. So for now it is allowed.
The latest DOL update deals in detail with cases where multiple PERM cases have been filed for the same alien-employer combination.
Hangin2001 said:
tarikida said:
"Leaving the TR case untouched" means that PERM will be filed as a fresh application and not as a conversion. In such cases, both applications can go in parallel. Ofcourse the PERM aplication will get the PD of when it was filed. DOL is yet to take a decision of such multiple filings.
The advantage of such a approach is that whichever labor is first approved (most likely PERM) can be used for I-140 filing. This would have been a huge advantage had the immigration packet been included in the Budget Reconciliation Bill. But that is history now. All eyes are now on the Immigration Reform Bill slated for February. Who knows what might happen then, and it is always best to have your options open.
If converting to PERM is risky (especially for folks past the 6 years of H1B), filing a fresh PERM (as long as DOL is undecided) is a good option.
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