Non RIR Discussion Only !

My company has done recruitment and they couldn't find any one in the last one year. They have even conducted recruitment within the last 6 months. Then is it ok that I can provide details of the already done recruitment efforts?

thanks
 
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dianasteve said:
My company has done recruitment and they couldn't any fine one in the last one year. They have even conducted recruitment within the last 6 months. Then is it ok that I can provide details of the already done recruitment efforts?

thanks
Click to expand...
dianasteve,
Your case would makes a perfect example for conversion, Since your company has a pattern of recruitment with in the last 6 months which can be shown immediately. It is an issue where as where there is no pattern of recruitment that can be shown. There are still no clear guidelines as to how many ads need to be posted etc. With your priority date i would suggest dont waste even a day. Just my opinion. Goodluck, keep us posted.
 
epidural said:
dianasteve,
Your case would makes a perfect example for conversion, Since your company has a pattern of recruitment with in the last 6 months which can be shown immediately. It is an issue where as where there is no pattern of recruitment that can be shown. There are still no clear guidelines as to how many ads need to be posted etc. With your priority date i would suggest dont waste even a day. Just my opinion. Goodluck, keep us posted.
Click to expand...
---
do the requirments mentioned in recent ads match what were asked for in ur labor application, If they do, then I also think you can use those.
 
Folks,
I spoke to my lawyer about this yesterday and she said that RIR requires a pattern _over_ 6 months and not _within_ 6 months. Can someone point me to the official rules and regulations regarding the guidelines? I would like to read through them myself
In my case, we have done recruitment over the last month for a parallel PERM application for me : 2 print ads, one online ad etc etc. Now with this RIR conversion opportunity, I was hoping to use the same recruitment effort towards an RIR application. However, my lawyer told me....

1. Applying for RIR with just a month's worth of recruitment effort is _guaranteed_ to end in failure.

2. Converting from TR to RIR might take a long time, so the overall certification may take a longer than just waiting for the TR processing. I doubt this because my PD is Nov 2002 and AFAIK most people in mid 2001 have not received any recruitment instructions

--------------------
EB2
TR
PD:Nov 2002
45-day letter: sometime in may 2006
--------------------
 
Hi,
Priority Date: 30th April 2001
ETA- D-05118-81xxx
Received 45-dys letter-Sept 2005
Replied 11,Oct 2005
I also recieved my 8th year extension a week ago and now I am looking very seriously for Canadian resident.
It is very confusing that recruiting pattern should be of six month. I really don't know what to do. I again talked to my lawyer this morning and he is not very much positive for the conversion. Guide me

Neeraj
 
If this is true..what's the point?

Why can't it be as simple as PERM? Are they insane? Why are we rotting in this hell when new cases are being cleared in less than a week under PERM? BPC should just pass all the existing cases through PERM system for automatic approval/rejection.

I just can't forget the fact that my case would have been approved long long time back without the existence of "BACKLOG ELIMINATION ( :eek: :eek: rather ENHANCEMENT) CENTER". :mad: :mad: :mad:

In March 2004, SWA queues for NON-RIR cases for most of the states barring few such as NJ/NY was late 2002 or even later. Now, almost 3 years after BPC came into existence, the queue is early 2001. What a mess?

Why don't AILA sue DOL for processing easier cases without respecting FIFO? Or can't we sue AILA for not suing DOL?

Even though I know none of these will even happen...one thing I am sure of...which is NEVER EVER I WILL VOTE for democrats(who approved 245i) if I EVER get my citizenship.

vikramsh said:
Folks,
I spoke to my lawyer about this yesterday and she said that RIR requires a pattern _over_ 6 months and not _within_ 6 months. Can someone point me to the official rules and regulations regarding the guidelines? I would like to read through them myself
In my case, we have done recruitment over the last month for a parallel PERM application for me : 2 print ads, one online ad etc etc. Now with this RIR conversion opportunity, I was hoping to use the same recruitment effort towards an RIR application. However, my lawyer told me....

1. Applying for RIR with just a month's worth of recruitment effort is _guaranteed_ to end in failure.

2. Converting from TR to RIR might take a long time, so the overall certification may take a longer than just waiting for the TR processing. I doubt this because my PD is Nov 2002 and AFAIK most people in mid 2001 have not received any recruitment instructions

--------------------
EB2
TR
PD:Nov 2002
45-day letter: sometime in may 2006
--------------------
Click to expand...
 
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fastergcwanted said:
If this is true..what's the point?

I just can't forget the fact that my case would have been approved long long time back without the existence of "BACKLOG ELIMINATION ( :eek: :eek: rather ENHANCEMENT) CENTER". :mad: :mad: :mad:

In March 2004, SWA queues for NON-RIR cases for most of the states barring few such as NJ/NY was late 2002 or even later. Now, almost 3 years after BPC came into existence, the queue is early 2001. What a mess?

Why don't AILA sue DOL for processing easier cases without respecting FIFO? Or can't we sue AILA for not suing DOL?
Click to expand...

Just so that we are venting out. May i add, NJ was processing 26th April 2001 cases. I just missed it by 2 days. 28/29 was weekend. And look at this, as of today still waiting for recruitment instructions. Some half cooked law about RIR conversion, as usual they have no clue how to get done with this mess. Why the heck did the create it in the first place ?. I am sure the old system would have cleared each and every case by now. Just my 2 drops of fuel in this burining rage :mad: :mad:
 
vikramsh said:
Folks,
I spoke to my lawyer about this yesterday and she said that RIR requires a pattern _over_ 6 months and not _within_ 6 months. Can someone point me to the official rules and regulations regarding the guidelines? I would like to read through them myself
In my case, we have done recruitment over the last month for a parallel PERM application for me : 2 print ads, one online ad etc etc. Now with this RIR conversion opportunity, I was hoping to use the same recruitment effort towards an RIR application. However, my lawyer told me....

1. Applying for RIR with just a month's worth of recruitment effort is _guaranteed_ to end in failure.

2. Converting from TR to RIR might take a long time, so the overall certification may take a longer than just waiting for the TR processing. I doubt this because my PD is Nov 2002 and AFAIK most people in mid 2001 have not received any recruitment instructions

--------------------
EB2
TR
PD:Nov 2002
45-day letter: sometime in may 2006
--------------------
Click to expand...

what dont these lawyers just for a change do something!!
conversion FAQ clearly states, if rir conversion not granted, the case will still be processed as TR, so what harm in that your lawyer just give it a shot.
I feel you are lucky compared to many, as you already have some recruitment effort done recently.

My opinion would be for your lawyer to submit what all he/she has till now.
I guess it will be converted into rir and approved pretty quick. having said that, these lawyers don't want things to move at that speed( bcos they want to make money every year, filing our 9/10 yrs h1b's!!!, isn't it...)
 
Yes, you are right. The lawyers are making money on us. They are just reluctant to do anything. But I think I convinced mine. If I hadn't read these forums then I would have never known about the law change. I am sure there are thousands of people out there who are unaware of these changes. They are totally dependant on the lawyers.

The DOL faq clearly states the facts. I would suggest that we submit all recruitment documentation for the past/within 6 months.

But I am still waiting for clear guidelines for RIR recruitment. It should be the same as TR->RIR conversion.

Actualy my employer ran an ad in april for 10 days. We did not get a single reponse. I may be including that also. On thursday we are going to plan out something.

Let us all hope that something good is going to happen to all of us here at nonRIR queue. It's frustrating and painful.
 
Should we follow the RIR recruiting regulations by DOL regions? I know that each region had its own variations.
For example: for region 6
Two print ads in two different calendar months
(employer website cal jobs and other evidentce of recruitment (job fairs, etc)

Do we have to follow this pattern now. Anyone have any clue?
 
Recruitment pattern

Guys,
When they say pattern of recruitment does it mean recruitment for the exact position for which the labor cert is sought? For example, for the past few months my company has been advertizing for the same kind of job that I am doing but with a little more experience than I currently possess. Would this count towards recruitment pattern?

Secondly, what about the experience we have gained from the date our labor cert application was submitted till today? In my case it has been 3+ years since my application was submitted. Now, if we decide to go ahead with recruitment what kind of experience should we advertize for? The requirement in pending TR application says M.S + 1. Now can we say M.S + 4?

Any insights?

Thanks.
 
lfgc said:
I'm not sure why there is confusion regarding conversion. It seems pretty clear to me...go ahead with conversion w/o any fear...and the rules for conversion are same as RIR previously...:

http://www.shusterman.com/cgi-bin/e...eta.gov/foreign/pdf/backlog_faqs_10-06-06.pdf

goodluck guys.
Click to expand...

Sorry but I could not resist to correct you. Leave shusterman out of it. The link he links to is:
www.ows.doleta.gov/foreign/pdf/backlog_faqs_10-06-06.pdf

It is still not clear how to establish a “pattern of recruitment,”.
 
Even though I know none of these will even happen...one thing I am sure of...which is NEVER EVER I WILL VOTE for democrats(who approved 245i) if I EVER get my citizenship.[/QUOTE]

Watch what are you stating.
If there would be Democras in power right now, I am not responding to your post becasue both of us would have green card. All anti-immigration mesures are done by republicans. Just a comment to correct you.
 
Can you guys make sure that no further politics be discussed here and respect others who come and browse for NON RIR information. Do what you guys think is best about your views in politcs, give it to Rep, Dem or even Green party, no one is interested to hear your mind or your act. Dont try to be harsh, but it is necessary to keep the topic intact.

No one needs to comment on my quote, please move along and practice the topic with respect.
 
vexlak said:
Even though I know none of these will even happen...one thing I am sure of...which is NEVER EVER I WILL VOTE for democrats(who approved 245i) if I EVER get my citizenship.
Click to expand...


I actually disagree, but with respect to labordrags comments I will stop here to keep politics out of this.

The only reason I could not resist initially is that we all know we would not even have a backlog let alone BPCs if it was not for 245i. It just goes to show how important it is to understand that all the pro-immigrant measures are not good for immigrant community in general.
 
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Folks,
As an earlier post of mine stated, my lawyer says that for RIR, the pattern of recruitment has to be established OVER 6 months. Everything that google brings up says 'WITHIN' 6 months. But these are all non-government sites. Does anyone know where an 'official' document may be found? I would like to show this to my lawyer.

Thanks,
--Vikram
 
My understanding of the 6 months problem. If you have layoffs within 6 months, that's not pattern of recruitment. But if the layoff happens over 6 months ago, it should be Ok, assuming that in the last 6 months there are some new hires/recruitment effort in this company. If you have layoffs within 6 months and you still want to file/convert LC, the company need to interview each candidate laid off during this period to make sure that they are not the right candidate. I don't have official document in hand. It's just my understanding through some email exchanges/talks with attorney.

vikramsh said:
Folks,
As an earlier post of mine stated, my lawyer says that for RIR, the pattern of recruitment has to be established OVER 6 months. Everything that google brings up says 'WITHIN' 6 months. But these are all non-government sites. Does anyone know where an 'official' document may be found? I would like to show this to my lawyer.

Thanks,
--Vikram
Click to expand...
 
My company has not hired any one nor laid off any one in my department for the past 1 year. So now if they do the recruitment for a couple of weeks will that help. Please let me know. My attorney says to post an ad for 3 consecutive days in the local newspaper and then post for 10 days in the company premises. Is that enough?
 
There are two aspects to it. One is the layoffs and it is good to not have had any in the past 6 months. The other is the recruitment 'effort' and according to my lawyer this has to done _over_ 6 months and not _within_ 6 months.

I just found this :
http://ows.doleta.gov/dmstree/gal/gal2k2/gal_02-02a2.pdf

Govt. website and it says WITHIN. I shall call my lawyer again today, armed with this new documentation.
 
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