Non RIR Discussion Only !

Hi DianaSteve

Let me make a general observation based on whatever little I know about this BEC crap. I hope it helps in clearing people's mindset and approach in this conversion issue.

DOL messed this whole BEC thing up. They realise abeit very late that it is impossible to send out applications within the next 12 months. Now they are devising a strategy by which all they have to do is stamp approval on applications that are extremely straightforward to clear. They are just trying to be on the right side of the law by asking employers to initiate that request. They cannot change all the applications from TR to RIR by themselves because of all the legal issues around it. Now in my opinion all they need is just a simple request from employer\lawyer stating that they want a conversion for so an so. They won't have time to even look twice on the paperwork. Their ass is on fire right now to meet the deadline. Any request that goes for conversion is a blessing for them because all they have to do is convert and stamp approval and send the approval.

This is all they want. Now we should stop worrying about all issues around how to interpret ... "within 6 months", "3 days a week ", "10 days ad" , "lay off was there or not". No loser in BEC has time to do any kinda paperwork. All they are begging of us is to send a request to convert. If our freaking lawyers can move their asses and send a request they will send the approval.

Just my 2 cents

-Bruce

dianasteve said:
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?
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BruceWillis said:
Hi DianaSteve

Let me make a general observation based on whatever little I know about this BEC crap. I hope it helps in clearing people's mindset and approach in this conversion issue.

DOL messed this whole BEC thing up. They realise abeit very late that it is impossible to send out applications within the next 12 months. Now they are devising a strategy by which all they have to do is stamp approval on applications that are extremely straightforward to clear. They are just trying to be on the right side of the law by asking employers to initiate that request. They cannot change all the applications from TR to RIR by themselves because of all the legal issues around it. Now in my opinion all they need is just a simple request from employer\lawyer stating that they want a conversion for so an so. They won't have time to even look twice on the paperwork. Their ass is on fire right now to meet the deadline. Any request that goes for conversion is a blessing for them because all they have to do is convert and stamp approval and send the approval.

This is all they want. Now we should stop worrying about all issues around how to interpret ... "within 6 months", "3 days a week ", "10 days ad" , "lay off was there or not". No loser in BEC has time to do any kinda paperwork. All they are begging of us is to send a request to convert. If our freaking lawyers can move their asses and send a request they will send the approval.

Just my 2 cents

-Bruce
Click to expand...

Not to be a party pooper or anything but here's the thing. I am going to go home today and pray that Mr Bruce is 100% accurate and that is all the bloody BECs are looking for. But what if they are not. Someone earlier had a theory that those applications that request a convert to RIR might get stuck in a different Q that might not have the 2007 deadline. So we all have waited for a loooonnnng time, we all are frustrated but at this point the BEC, the DOL and all the other freaking s@#tholes involved have us by the balls. Please proceed carefully. On a different note, why make it simpler on the BEC. Did they try to ease your pain even a bit.

JACK
 
BruceWillis said:
Hi DianaSteve

Let me make a general observation based on whatever little I know about this BEC crap. I hope it helps in clearing people's mindset and approach in this conversion issue.

DOL messed this whole BEC thing up. They realise abeit very late that it is impossible to send out applications within the next 12 months. Now they are devising a strategy by which all they have to do is stamp approval on applications that are extremely straightforward to clear. They are just trying to be on the right side of the law by asking employers to initiate that request. They cannot change all the applications from TR to RIR by themselves because of all the legal issues around it. Now in my opinion all they need is just a simple request from employer\lawyer stating that they want a conversion for so an so. They won't have time to even look twice on the paperwork. Their ass is on fire right now to meet the deadline. Any request that goes for conversion is a blessing for them because all they have to do is convert and stamp approval and send the approval.

Here I differ..They have to do is covert and take it out from TR queue and thus claiming one case load is over and less to process. New rule so new waiting and new deadline will slowly come for those converted cases.

This is all they want. Now we should stop worrying about all issues around how to interpret ... "within 6 months", "3 days a week ", "10 days ad" , "lay off was there or not". No loser in BEC has time to do any kinda paperwork. All they are begging of us is to send a request to convert. If our freaking lawyers can move their asses and send a request they will send the approval.

Just my 2 cents

-Bruce
Click to expand...
 
It's possible but not common sense. I agree what Bruce said. They claimed that all backlogs are cleared in 12 months. The BEC is supposed to be closed after that date.

jack_b_uta said:
Not to be a party pooper or anything but here's the thing. I am going to go home today and pray that Mr Bruce is 100% accurate and that is all the bloody BECs are looking for. But what if they are not. Someone earlier had a theory that those applications that request a convert to RIR might get stuck in a different Q that might not have the 2007 deadline. So we all have waited for a loooonnnng time, we all are frustrated but at this point the BEC, the DOL and all the other freaking s@#tholes involved have us by the balls. Please proceed carefully. On a different note, why make it simpler on the BEC. Did they try to ease your pain even a bit.

JACK
Click to expand...
 
These are just assumptions that it will be different queue.
But what I conclude is that the BEC don't want to spend time or effort in the supervised recruitment which will take a long time.
They are just throwing the ball at the employer's court so the real ones will do the recruitment.

We can only pray that this is true.
 
I am totally agree with you as they are more concern about ready case that they don't have to look more.My lowyer also gave green signal on that and we are going to move ahead.I hope people with TR take a look at this threads and try to convert their application. :) :) :) :)






BruceWillis said:
Hi DianaSteve

Let me make a general observation based on whatever little I know about this BEC crap. I hope it helps in clearing people's mindset and approach in this conversion issue.

DOL messed this whole BEC thing up. They realise abeit very late that it is impossible to send out applications within the next 12 months. Now they are devising a strategy by which all they have to do is stamp approval on applications that are extremely straightforward to clear. They are just trying to be on the right side of the law by asking employers to initiate that request. They cannot change all the applications from TR to RIR by themselves because of all the legal issues around it. Now in my opinion all they need is just a simple request from employer\lawyer stating that they want a conversion for so an so. They won't have time to even look twice on the paperwork. Their ass is on fire right now to meet the deadline. Any request that goes for conversion is a blessing for them because all they have to do is convert and stamp approval and send the approval.

This is all they want. Now we should stop worrying about all issues around how to interpret ... "within 6 months", "3 days a week ", "10 days ad" , "lay off was there or not". No loser in BEC has time to do any kinda paperwork. All they are begging of us is to send a request to convert. If our freaking lawyers can move their asses and send a request they will send the approval.

Just my 2 cents

-Bruce
Click to expand...
 
I am going to talk to my company attorney tomorrow about TR to RIR conversion. I'd like to find out how long does it take to file the RIR conversion case. PERM conversion takes at least four months to prepare (that was what I was told before).
TR-> RIR seems to have a smaller risk losing PD compared to TR-> PERM. I am interested to give it a try. I don't want to wait for another year for BEC's deadline.
 
cuaderno said:
I am going to talk to my company attorney tomorrow about TR to RIR conversion. I'd like to find out how long does it take to file the RIR conversion case. PERM conversion takes at least four months to prepare (that was what I was told before).
TR-> RIR seems to have a smaller risk losing PD compared to TR-> PERM. I am interested to give it a try. I don't want to wait for another year for BEC's deadline.
Click to expand...

What kind of RISK....? Because I am persuing the same route....

According to DOL, if you apply for Tr > RIR conversion, once approved your case goes to RIR que with the same PD. If conversion is denied you case stays in TR que with the same PD.

I may have missed the risk factor.

Thanks,
 
Here we go again

Let me be the bad guy again. So there seems to be a general agreement that they sent a hidden message saying "Convert to RIR".

Is there an "Or else....." attached

JACK
 
7th yr extension:
Hello friends

quick question:
I am on 7th year extension. If i lose the Labor certification, can i apply for new H-1B with a new company. Or Do i have to go out of country for 1 year??
 
Unfortunately, you have to go out, unless you get a PERM labor approval from a different company. My advice would be to find a company that will quickly process your PERM as a back up.

Best wishes

gptexan said:
7th yr extension:
Hello friends

quick question:
I am on 7th year extension. If i lose the Labor certification, can i apply for new H-1B with a new company. Or Do i have to go out of country for 1 year??
Click to expand...
 
NON-RIR and 7th year ext

shanpai said:
Unfortunately, you have to go out, unless you get a PERM labor approval from a different company. My advice would be to find a company that will quickly process your PERM as a back up.

Best wishes
Click to expand...
so to summarize, I can have another application under PERM while waiting for this NON-RIR LC to be approved. Is that correct??
 
About filing another PERM with different company

http://www.shusterman.com/may06.html#4

Please read this section in the above page.

4. Success Story: Overcoming Backlog Elimination Centeritis


Need to find another employer to file the new PERM.
Also the current employer shouldn't withdraw the existing application.
 
Thanks

dianasteve said:
http://www.shusterman.com/may06.html#4

Please read this section in the above page.

4. Success Story: Overcoming Backlog Elimination Centeritis


Need to find another employer to file the new PERM.
Also the current employer shouldn't withdraw the existing application.
Click to expand...
Thank DianaSteve for the wonderful info. You showed me a ray of hope.

Actually my lawyer has not accepted the idea of RIR conversion saying that my job description is very general and if we convert to RIR and follow recruitment process, we will have lot of qualified applicants. His contention is that by sticking to NON-RIR, since the recruitment is minimal, the process will go thru smotthly but the only factor is TIME. He also does know how long but insists that DBEC has to finish all the applications by Sept 07 so that's why suggestion to hold on NON-RIR.

Now I just have to plan to find another employer and go thru my PERM so that if something happens to my NON-RIR application, I can still continue my GC process.
 
Tr - Rir

I do not understand one thing. Suppose you advertise for a RIR conversion and you get 300 applications. IS DOL aware of it ? What if you only conduct interview for 15 of them and rest you throw ? How does it work really ? I would think that PERM advertisement is also similar. Please educate me . . .

-regards
 
indianpresent said:
I do not understand one thing. Suppose you advertise for a RIR conversion and you get 300 applications. IS DOL aware of it ? What if you only conduct interview for 15 of them and rest you throw ? How does it work really ? I would think that PERM advertisement is also similar. Please educate me . . .

-regards
Click to expand...
I suppose the company has to keep record of applications recd. And above all the company after the interview cannot just reject someone just like that. That person can come back and sue the company for discrimination. Since my job description is general and not much of tech details, it's difficult to say that of all the 300 apps and 15 interviews, no eligible candiate is found. The idea of NON-RIR filing in my case was b/c there is not much recruitment to be done.
 
Yes, they can however select 15 applications that can have sufficient reasons to be denied. In a normal interview perse, which we do, we generally have a phone interview and decide whether to call the individual for a face-toface one. Now for these 15 cases similar things can be done..will check with lawyer..

gptexan said:
I suppose the company has to keep record of applications recd. And above all the company after the interview cannot just reject someone just like that. That person can come back and sue the company for discrimination. Since my job description is general and not much of tech details, it's difficult to say that of all the 300 apps and 15 interviews, no eligible candiate is found. The idea of NON-RIR filing in my case was b/c there is not much recruitment to be done.
Click to expand...
 
NOF requesting additional recuitment results

I got a NOF, requesting additional recuitment results from my company for the time when my LC was filed (Nov. 2002). However, my lawyer said she can not find any recuitment data and resumes for my company at that time. My company has gone through mergers, so those data may not be kept. Does anyone have similar experience? I really don't know what to do right now. Any suggestions? Thanks.

VA , EB2, RIR
PD - Nov, 2002
45 letter recived May 2006
 
New H1B after 6 year

I am already on my 9th year extension - case is still pending at DBEC.

I'm frustrated with my current employer A because they are not converting from TR to RIR.

I decided to get a fresh start with a new employer B.

My labor was filed in 2002 and I'm on an annual extension - new H1B is valid till October, 2007.



Now my questioins are:

1. Can I get a new H1B from company B?

2. If so, how long will it be valid?

3. Can I transfer the existing PD from company A to company B for job duties that are little bit different from the current one?

Please advise.
 
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