Non RIR Discussion Only !

[BarneySha]

new job postings on AJB

after a gap of over 40 days 3 new posts...
still only non-IT jobs being listed.

life sucks :-(

 

[pani_6]

Here is my prediction...what's your take

Dol has a date for Sept07 to meet the dealine....They have cases from 2002 non rir cases to process

so
Jul-Dec06 --6months
Jan-Sept-09 months..

So I am assuming that 2002 and 2003 cases need to be done by Dec 06 and 2004-05 cases by Sept07.....

Dec 06--at least cases of Mid 2003 certified
MArch07-at least all mid 2004 cases certfied

This may be a optimistic estimate given DOL efficiency in the past....

Any comments??.......

 

[devar]

Too many cases

Dol has a date for Sept07 to meet the dealine....They have cases from 2002 non rir cases to process

so
Jul-Dec06 --6months
Jan-Sept-09 months..

So I am assuming that 2002 and 2003 cases need to be done by Dec 06 and 2004-05 cases by Sept07.....

Dec 06--at least cases of Mid 2003 certified
MArch07-at least all mid 2004 cases certfied

This may be a optimistic estimate given DOL efficiency in the past....

Any comments??.......

As far as I know there are a lot of Non-RIR 2001 cases filed in CA (includes Remanded cases). DBEC hasn't done anything really to those cases and who knows when they have planned to open that can of worms. I almost have given up hope.

 

[cuaderno]

BEC tracker

Is everybody's info on this tracker?
http://www.trackins.com/immigrationtrackers/dallas-backlog-tracker/

I found only one NON-RIR case got certified so far.

 

[labor_headache]

State Vs Regional

Hope only for those, whose cases have been transferred to Regional, before going to BPC's. for cases transferred from state to BPC, screwed is the word i guess...
i don't want to be pessimist but waiting from 2002, and collegues from 2001.

Can I ask why is it that a labor transferred to the BEC from Regional is better than one directly from the State?

My PD is Feb 03 (NJ, non-RIR) and the 45-day letter was received in Sept 05. I think my case got transferred to the BEC without going to Regional. Does that put my case at a disadvantage compared to the ones that have been through the Regional center.

Your response is appreciated.

 

[labordrags]

Can I ask why is it that a labor transferred to the BEC from Regional is better than one directly from the State?

My PD is Feb 03 (NJ, non-RIR) and the 45-day letter was received in Sept 05. I think my case got transferred to the BEC without going to Regional. Does that put my case at a disadvantage compared to the ones that have been through the Regional center.

Your response is appreciated.

It doesnot matter if or no your case being transfered to BEC from DOL or SWA. The only thing is if your case has prior advertisement done or no. They are treating NONRIR case as RIR if the ad being conducted in the past, and being given to SWA.

 

[labor_headache]

Recruitment Letter

It doesnot matter if or no your case being transfered to BEC from DOL or SWA. The only thing is if your case has prior advertisement done or no. They are treating NONRIR case as RIR if the ad being conducted in the past, and being given to SWA.

Folks-

Can someone please shed some light on the below questions regarding Traditional Labor Processing by the BECs -
(1) How long does it generally take for the BEC to issue a recruitment letter after the 45-day letter?
(2) How long does the recruitment step take?
(3) How long after the recruitment step does the labor get approved by the BEC?
(4) Since the BECs have a mandate of clearing the backlog by Sept 07, how would they force the employers to finish the recuitment in due time?

 

[csrini1]

It doesnot matter if or no your case being transfered to BEC from DOL or SWA. The only thing is if your case has prior advertisement done or no. They are treating NONRIR case as RIR if the ad being conducted in the past, and being given to SWA.

labordrags, can you shed more light on ur source of info. bcos there are 1000's of remanded cases(meaning initially filed as RIR, meaning advtmts already one, went to regional, but sent back to SWA again, from 2001,2002) still waiting to see the day of light....

on a personal note, i think it makes sense for BPC's to process remanded cases also as RIR, transferred from dol, rather than state, and come back to these cases. i believe they can't deferentiate until they physically open each and every file and see if it is a remanded case from dol or purely a SWA case, meaning never went to DOL.

to answer labor-headache, it is easy for bpc to decide on cases pending at dol, at the time of transfer, so bpc have been working on ONLY cases transferred from dol, so that they can show to the management, what they accomplished, and ask for a raise/extension till 2010??(my thoughts only...)

 

[labor_headache]

Tracker

Is everybody's info on this tracker?
http://www.trackins.com/immigrationtrackers/dallas-backlog-tracker/

I found only one NON-RIR case got certified so far.

I did. But I really wish there was a field which indicated when the recruitment request letter was received (from the BEC) and when the recruitment was carried out for the NON-RIR case.

Is there another tracker that goes into those details?

 

[csrini1]

Folks-

Can someone please shed some light on the below questions regarding Traditional Labor Processing by the BECs -
(1) How long does it generally take for the BEC to issue a recruitment letter after the 45-day letter?
(2) How long does the recruitment step take?
(3) How long after the recruitment step does the labor get approved by the BEC?
(4) Since the BECs have a mandate of clearing the backlog by Sept 07, how would they force the employers to finish the recuitment in due time?

as far as i know, and to knowledge, bpc will not ask employer to do the advtsmt, they will do it themselves and send the resumes to employer to screen and send the results back to them, but this is not official though...

 

[labor_headache]

Recruitment for NON-RIR?

as far as i know, and to knowledge, bpc will not ask employer to do the advtsmt, they will do it themselves and send the resumes to employer to screen and send the results back to them, but this is not official though...

Thanks csrini - but I read else where (in this same thread dedicated to NON-RIR) that the BEC sends a letter asking the employer to carry out some recruitment steps. Traditionally, after the recruiting, the case went from State to Regional. The general sentiment is that cases from the Regional (that have already been through recruitment) are at higher priority at the BECs...

Anyways, perhaps there is some confusion between RIR and non-RIR with respect to who carries out the recruitment. It think it is important to clarify this confusion. Reason being - if the employer is to expect some kind of a letter from the BEC requesting recruitment for the NON-RIR cases, then this would be a good event to track.

 

[Maduraikaran]

Good news-Reg my case-RIR remanded to state as Non-RIR

Hi Folks,

I have some good news for guys like me who originally file in RIR and later Remanded to state by company request to Traditional (Non-RIR) category. My attorney received the 45 day letter on May16th, 2006 and replied on May18th, 2006. Today I received the call from my attornet stating that they received the approval of my case yesterday. So the good news is no recruitment is going on. Looks like they are approving based on the original RIR recruitment. I am happy to share this as some of you may see some light on this long dark tunnel....as I saw today...Good Luck all..

My case:

CA- RIR
PD July 2001
Remanded to state as Non-RIR-Company request (Not Automatic)
May 16 2006 - 45 day letter received
May 18 2006 - 45 day letter replied
June 20 2006 - LC Approval received

 

[cuaderno]

Does anybody know or have an estimate when DBEC will send out the recruitment instructions?

And how long does it take for the recruitment?

This is getting very frustrated. I am going to be on my 7th year H1B. I am starting the preparation of PERM conversion. If there's no big step happening in the next few months, I don't think BEC can keep their words to meet the Sept. 2007 schedule on clearing all the cases.

Anyways, perhaps there is some confusion between RIR and non-RIR with respect to who carries out the recruitment. It think it is important to clarify this confusion. Reason being - if the employer is to expect some kind of a letter from the BEC requesting recruitment for the NON-RIR cases, then this would be a good event to track.

 

[labordrags]

Here is what I think, but only spec:

Folks-

Can someone please shed some light on the below questions regarding Traditional Labor Processing by the BECs -

(1) How long does it generally take for the BEC to issue a recruitment letter after the 45-day letter?

I have not seen any particular LC being called for the recuritment so far, or not to my knowledge any member of this portal community has posted their story of how BECs asks for the recu in lieu of 45 days letter.

(2) How long does the recruitment step take?

Not sure, as none of the member as far as I know of, posted out their info if or any.

(3) How long after the recruitment step does the labor get approved by the BEC?

No idea yet. We need to wait and see how backlog centers plan in doing the recu.

(4) Since the BECs have a mandate of clearing the backlog by Sept 07, how would they force the employers to finish the recuitment in due time?

Just my thought, BECs may ask for the employer to publish ad. OR as the Philly it self is publishing advertisement in american job bank, but some of the ad there exist for more than 2 months, so looking at this, I would think 2 month recu is well enough.

http://www.jobsearch.org/seeker/jobsearch/keyword?action=seeker_search_process&JobSearch_pageLink=3

 

[labordrags]

labordrags, can you shed more light on ur source of info. bcos there are 1000's of remanded cases(meaning initially filed as RIR, meaning advtmts already one, went to regional, but sent back to SWA again, from 2001,2002) still waiting to see the day of light....

:: As I browse this forum in regular basis, the first hit was done by user ASHTON KUTCHER. His was a case with TWC, was Non RIR, and being certified. His case was not in a state, but was in region. I think he falls under 245(i). So, even if it is a NON RIR, as he was done with ad stuff, his LC was certified in this ground.

http://www.immigrationportal.com/showthread.php?p=1109578#post1109578

on a personal note, i think it makes sense for BPC's to process remanded cases also as RIR, transferred from dol, rather than state, and come back to these cases. i believe they can't deferentiate until they physically open each and every file and see if it is a remanded case from dol or purely a SWA case, meaning never went to DOL.

::Remanded cases being treated as RIR, we have many people whose LC was kicked back by region saw their approval. Prime example would be Texancanadian.

http://www.immigrationportal.com/showpost.php?p=1270447&postcount=169


to answer labor-headache, it is easy for bpc to decide on cases pending at dol, at the time of transfer, so bpc have been working on ONLY cases transferred from dol, so that they can show to the management, what they accomplished, and ask for a raise/extension till 2010??(my thoughts only...)

::I dont have any sisters or brothers work for BECs. I have been waiting for the past few years to see light on my LC. I know it is taking way long time, and their promises of eliminating backlog has never been a success in a given time period. But I think what they are saying of Sept 07, I strongly believe that they will be succeeded in their projection. By establishing these centers, they have gain a lot of work that needed to be done by either SWA or DOL in the past. Their efficiency being quesitoned as I wanted to know myself too, but their work ethics - I truely believe that they are working their ass off in making the deadline to clear the backlog.

 

[K2004]

Hi Maduraikaran,

Thank you for sharing this information. It looks like my case is similar as yours. My priority date is 3/7/01. The case was RIR remanded to traditional by my company. I just knew today that my lawyer got 45 days letter at May 16 2006 - the 3rd times. For some reason, my lawyer just got all paper work done today and reponsed back. Hope I can hear the same good news as yours soon.

Regards,
K2004





Hi Folks,

I have some good news for guys like me who originally file in RIR and later Remanded to state by company request to Traditional (Non-RIR) category. My attorney received the 45 day letter on May16th, 2006 and replied on May18th, 2006. Today I received the call from my attornet stating that they received the approval of my case yesterday. So the good news is no recruitment is going on. Looks like they are approving based on the original RIR recruitment. I am happy to share this as some of you may see some light on this long dark tunnel....as I saw today...Good Luck all..

My case:

CA- RIR
PD July 2001
Remanded to state as Non-RIR-Company request (Not Automatic)
May 16 2006 - 45 day letter received
May 18 2006 - 45 day letter replied
June 20 2006 - LC Approval received[/QUOTE]

 

[BarneySha]

Long wait ahead

I found this link in another forum.
it details the work process followed at BEC to approve a pending LC application.

pls read the process fro NON-RIR cases

http://www.doleta.gov/sga/rfp/SIM_Training_Manual.cfm

After rcving. the 45 DL on Nov 1, my latest screeen shot still shown blank for prevailing wage fields!!!!! and its 8 months already!!!

in fact only the rate of pay and visa type fields were filled in after responing to the 45 DL.

you would think the last 8 months SOME frikkin progress would have happened with my case. it's not even moved to team 2.

I am so annoyed!

sorry to be so -ve folks
looks like we are in for the LONG haul.

 

[sachv_]

BArneySha..

I just posted the link on the PBEC thread....

 

[kalifornia_resi]

Good news for TR/Recruitment cases

This is what I saw on Mathew Oh's site today.
* BEC has today disclosed that they have completed dataentries for the entire 365 applications and all the 45-day letters will be sent out within this week.
* Beginning from the mid-July 2006, the BECs will start sending out the recruitment instructions to the employers whose traditional regular labor certification applications have been pending at the Backlog Elimination Centers. In order to speed up the process, the BEC will enclosed with the instructions their prevailing wage determination which the employers will have to use for the purpose of the recruitment. The prevailing wage determination will reflect the prevailing wage at the time recruitment and not the wage at the time of initial filing no matter how long they were filed. Besides, the employers must offer 100% of the prevailing wage in compliance with the new federal law on the prevailing wage for the labor certification.
* Employers, watch for these mails from the Backlog Elimination Centers from next week!

 

[Celice]

Could you please share the link to the original article ?

This is what I saw on Mathew Oh's site today.
* BEC has today disclosed that they have completed dataentries for the entire 365 applications and all the 45-day letters will be sent out within this week.
* Beginning from the mid-July 2006, the BECs will start sending out the recruitment instructions to the employers whose traditional regular labor certification applications have been pending at the Backlog Elimination Centers. In order to speed up the process, the BEC will enclosed with the instructions their prevailing wage determination which the employers will have to use for the purpose of the recruitment. The prevailing wage determination will reflect the prevailing wage at the time recruitment and not the wage at the time of initial filing no matter how long they were filed. Besides, the employers must offer 100% of the prevailing wage in compliance with the new federal law on the prevailing wage for the labor certification.
* Employers, watch for these mails from the Backlog Elimination Centers from next week!

Good catch !! Could you share the link to the original article ?