Non RIR Discussion Only !

[shagua]

Hi Guru,
One of my colleague just got 45 dys letter from DALLAS under Non-RIR filed in April 2001 in CA. Is it advisable to convert from Non-RIR to RIR and what would be the impact

Neeraj

hi neeraj:

i have seen some posts on other website that BEC is still accepting the conversion. what i know is rir requires a thorough recruitment meaning you have to anticipate quesotins that the officer may raise when he/she review your case. rir cases should be handle by an experienced attorney or else the case might be remanded. i have seen in the 140 thread that BEC is picking up the pace of approval cases at BEC. at this point, i would suggest your friend to be patient than making another move that might delay his/her case any further.

hope this helps...

-shagua

 

[March_2002]

hi march 2002:

just reply the 45 day letter as soon as possible and continue the process.
at this point, it's up to you whether you want to go for perm or just wait.
yes, 45 day letter is a good sign but since your case never had any recruitment done you might have a longer wait than people who have finished the recruitment. the approval does not depend on the time you receive 45 day letter. right now BEC is approving cases randomly. i felt that anything could happen but the most important thing is you have to get the recruitment instruction from BEC first. you will see the case number on 45 day letter. your attorney isn't helpful but he/she should give you the case number from that 45 day letter.

hope this helps and hang in there...

-shagua

Hey shagua,

Thank you so much for giving the light.

 

[movetocanada0o0]

Conversion to RIR from Non-RIR

Thanks .. is it possible to convert from Non-RIR to RIR ?

also, the idiots applied (yes i was an idiot too to have overlooked this!) as EB3, my job clearly should qualify for EB 2 .. is conversion from EB3 to EB2 possible?

Thanks again!

hi movetocanada:


we have seen some randome approvals in 2002 or 2003. i am always optimisitc about the situation because we never know what can happen next. i would say just hang in there and don't loose hope.

hope this helps...

-shagua (not an expert )

 

[luckyz]

finally got 45-day letter

the lawyer told me they received the 45- day letter today.
though it comes late, at least shed some light on my desperate waiting. I have been thinking ending the hopeless wait by going back to my home country.

could anyone tell me at what stage the lawyer can prepare recruitment?

thanks

eb2 non-rir
pd=06/2002 colorado
45 day letter = 02/08/2006

 

[shagua]

Thanks .. is it possible to convert from Non-RIR to RIR ?

also, the idiots applied (yes i was an idiot too to have overlooked this!) as EB3, my job clearly should qualify for EB 2 .. is conversion from EB3 to EB2 possible?

Thanks again!

hi movetocanada:

what was stated on your labor? and what made u think u qualify for eb2?
i believe eb3 and eb2 is relevant at 140 stage. please provide more info.

-shagua

 

[shagua]

the lawyer told me they received the 45- day letter today.
though it comes late, at least shed some light on my desperate waiting. I have been thinking ending the hopeless wait by going back to my home country.

could anyone tell me at what stage the lawyer can prepare recruitment?

thanks

eb2 non-rir
pd=06/2002 colorado
45 day letter = 02/08/2006

hi luckyz:

we all wanted to go back home some point in time but i say we don't give up or we have wasted all our efforts.

my recruitment experience was posting 3 days of local news paper ads and posting the job opening in the office where everyone can see. this maybe only my experience. you have to wait for BEC instruction.

-shagua

 

[chingari]

hi chingari:

welcome to the thread. even though you got yoru 45 day letter quite late, i think you case should be reviewed upon soon. i would say another month or two. don't give up and hope for the best my friend.

-shagua

Thanks Shagua. I'm hoping for the best and wish you the same.

 

[movetocanada0o0]

my labor stated bachelors + 2 yrs exp. I think I would qualify for EB2 because 1) my manager and HR are willing to revise the current job requirements to state masters + 3-4 yrs of experience 2) I was internally promoted to a position that requires masters + 7 yrs experience (I know internal promotion doesn't count if I have been working for the same company)

but given that manager is willing to state the job requirements to require masters + experience .. that should get me qualified for EB2. (I do have masters from US and am at a high salarly 100K+ so prevaling wage requiremnets should not be an issue)

thanks again for your guidence! its very helpful

hi movetocanada:

what was stated on your labor? and what made u think u qualify for eb2?
i believe eb3 and eb2 is relevant at 140 stage. please provide more info.

-shagua

 

[sachv_]

Anything on Recruitment Instructions?

Did anyone get recruitment instrucions from DOL after 45 day letter...
anyone...I serached thru the site but couldn;t see anything

 

[canonrir]

my labor stated bachelors + 2 yrs exp. I think I would qualify for EB2 because 1) my manager and HR are willing to revise the current job requirements to state masters + 3-4 yrs of experience 2) I was internally promoted to a position that requires masters + 7 yrs experience (I know internal promotion doesn't count if I have been working for the same company)

but given that manager is willing to state the job requirements to require masters + experience .. that should get me qualified for EB2. (I do have masters from US and am at a high salarly 100K+ so prevaling wage requiremnets should not be an issue)

thanks again for your guidence! its very helpful

I think that the job requirement is supposed to be as of when you were hired.
Dont know if that can be restated. At the same time if your recruitment has not been done then there could be some flexibility.

Would curious to see what your lawyer says about conversion. EB3-2 wont help much in labor but will help during 485.

regards ,

canonrir: pd: 10/10/03, non-rir transfered from CA SWA

 

[shagua]

my labor stated bachelors + 2 yrs exp. I think I would qualify for EB2 because 1) my manager and HR are willing to revise the current job requirements to state masters + 3-4 yrs of experience 2) I was internally promoted to a position that requires masters + 7 yrs experience (I know internal promotion doesn't count if I have been working for the same company)

but given that manager is willing to state the job requirements to require masters + experience .. that should get me qualified for EB2. (I do have masters from US and am at a high salarly 100K+ so prevaling wage requiremnets should not be an issue)

thanks again for your guidence! its very helpful

hi movetocanada:

1. A friend of mine who went through rir process posted ads in newspaper as well as monster.com. she spent 6 months in recruitment prior to the submmision of her labor.
2. if u are trying to do eb2 instead of eb3 given that your degree and experiences were acquired prior to labor petition, then u must go through a new labor. maybe do a new perm? but u will loose the pd (other gurus can comment on this). The logic behind this is that BEC has to redo the wage determination and you have to do recruitment based on eb2 requirements.
3. Most of the time, CSC requires job reference letters stating number of years u worked from previous company(s) that you worked for. Other times, u might meet an officer who requests more evidence. (ie. W-2, pay stub, h-1 from previous companies) Manager and hr’s willingness to help you do make it easier along the process but it’s really up to officer who looks at your 140 petition.
4. if u are not from the retrogressed countries, then it might be a good idea to redo the labor under perm. make sure u consult another attorney (not the old one) to determine if u qualify for eb2. maybe after all, it's best u stay with current labor. hope u find a solution at the end.

This is all I can think of right now.

-shagua

 

[vghiya]

Remanded Cases

Does anybody know status of remanded cases. What is DBEC i doing with such cases.Any clues??


---------------------------------
Below are my particulars

PD: 8/2001 EB2 CA RIR
RD:8/2002
Remanded: 6/2003 non-RIR
45 days notice: 12/6/2005
45 days notice replied: 12/16/2005

 

[shagua]

Does anybody know status of remanded cases. What is DBEC i doing with such cases.Any clues??


---------------------------------
Below are my particulars

PD: 8/2001 EB2 CA RIR
RD:8/2002
Remanded: 6/2003 non-RIR
45 days notice: 12/6/2005
45 days notice replied: 12/16/2005

hi vghiya:

based on JW's tracker we have seen someone(id name yana) who has similar case as yours got her labor approved on jan 6, 2006. remanded cases in my opinion is in better shape because you have completed recruitment. i would say give it a month or two and definitely before mid 2006 you should hear something from BEC.

hope this helps..hang in there.

-shagua

 

[gneerajg]

Hi Shagua,

Thanks for the reply. One more thing to clarify even if ur case is remanded do u still have the same priority date as of Non-RIR

Neeraj

 

[life_w/o_gc]

Hi Gurus,

Can somebody please update on the 45 days letter.
I read in couple of last posts that people are getting 45days letters
from Dallas.

My PD is April 2002, when can I expect my 45 days letter?

Thanks in advace.

 

[pani_6]

Guys Contribute for the LAW suit..

NON-RIR GUYS ..please contribute for the LAW SUIT

 

[csrini1]

Hi Shagua,

Thanks for the reply. One more thing to clarify even if ur case is remanded do u still have the same priority date as of Non-RIR

Neeraj

you wont loose your priority date, case moved from RIR queue to NON-RIR queue. thats all

 

[hankdane]

Hi Guru,
Is it advisable to convert from Non-RIR to RIR and what would be the impact

Neeraj

You cannot convert to RIR. RIR is gone. Both RIR and Traditional is now replaced by PERM.

 

[hankdane]

hi neeraj:

i have seen some posts on other website that BEC is still accepting the conversion.
-shagua

Shagua,

Thanks for the info. I had heard that RIR is not possible anymore. What this goes to show is how confusing it all is...

 

[hankdane]

Hi Gurus,

My PD is April 2002, when can I expect my 45 days letter?

Thanks in advace.

Here is what I've heard.

The regional offices sent the LC applications to the NBECs and they ended in a sort of jumble. Word is that there are still large boxes in the docks, full of applications yet to be logged.

Until they've sorted through these, all dates, both in terms of 45DL and approvals, are going to be non-linear.

USCIS is currently giving June 2006 as the deadline for having all 45DL out. However, anecdotal evidence suggests they are only about half done. Extraploting from that would put them more towards the end of 2006 to get all 45DLs out.

Once they've logged all the applications and received response from the 45DL, things should get more orderly again. By then, they can also give us some sort of guidelines on what applications they are processing, so we'll have a better idea what's going on.

HTH.