Non RIR Discussion Only !

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
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Indianpresent,
As far as i know, the recruitment instructions that PBEC is sending, the resume's go directly to PBEC and they will forward any suitable candidate to your employer. But in case of RIR as someone mentioned there might be some room for your employer to decided which candidates to select, if there are tons of replies. So in some ways it might be better to convert to RIR if you think there are chances of getting more replies. Just my opinion.
 
Question

I have been talking to my lawyer and here's his take on the TR -> RIR mandate for my case

1) My company has not done any recruitment for the past 6-8 months so realistically, it will be 6 months before we can even request a conversion.
2) The BECs are running against a Sept 07 deadline. Thats 11 months from now.
3)So if we started today, and all the planets line up just right, we might be able to get a TR to RIR conversion. That gives us a 5 month advantage.

Does anyone know for sure, if the Sept 07 deadline is for just RIR cases or is it for every backlogged case in the system

JACK
 
Tr-rir

jack_b_uta said:
I have been talking to my lawyer and here's his take on the TR -> RIR mandate for my case

1) My company has not done any recruitment for the past 6-8 months so realistically, it will be 6 months before we can even request a conversion.
2) The BECs are running against a Sept 07 deadline. Thats 11 months from now.
3)So if we started today, and all the planets line up just right, we might be able to get a TR to RIR conversion. That gives us a 5 month advantage.

Does anyone know for sure, if the Sept 07 deadline is for just RIR cases or is it for every backlogged case in the system

JACK
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This is for every case in BEC. My lawyer suggested me the same thing. He also added that by converting to RIR, I am increasing the risk of finding a qualified candidate and i just gain 5-7 months in the whole process. So in his opinion, it's not worth taking the risk.
 
gptexan said:
This is for every case in BEC. My lawyer suggested me the same thing. He also added that by converting to RIR, I am increasing the risk of finding a qualified candidate and i just gain 5-7 months in the whole process. So in his opinion, it's not worth taking the risk.
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Following up on my earlier point.I am trying very hard not to be vindictive or anything, but the BECs had plenty time to do this. I have given up better opportunities, my wife cant work, I cant buy a house, pretty much my life is on hold because BEC cant get their act together. And even now they dont provide any real incentives. So I dont see the point why I would want to convert. I dont really mind if they process my TR case on the last day of Sept 2007 at closing time. For once my lawyer seems to be working for me instead of the government.

JACK
 
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...

The perfect guranteed stay in North America for EB3-India can be:

1) Let already filed EB3 application processed in whatever way it get
processed
2) File Another EB2 application from the same employer or different employer
(Different employer would be more safe) (This step was really good for teh people who have already filed till 2006 - midaway but filing now may not have that good benefit as many people have already either switched to new EB2 application or additionally filed.)
3) Apply for Canada- Permanent residency on skilled category
 
gptexan said:
This is for every case in BEC. My lawyer suggested me the same thing. He also added that by converting to RIR, I am increasing the risk of finding a qualified candidate and i just gain 5-7 months in the whole process. So in his opinion, it's not worth taking the risk.
Click to expand...
My lawyer suggested the same thing. She's OK with going for RIR if I insist, but she says that since my co has not done any recruitment similar to the position on my LC, it would take a while to establish the "pattern of recruitment" as required by pre-PERM RIR process. Besides, the ad is likely to attract more applicants than with the BEC supervised recruitment. It would also be more expensive, and if the BEC happens to start the supervised recruitment while we are doing the prep for RIR, all the efforts and money for RIR goes waste.

I think what she's saying makes sense to some degree. RIR conversion is a good option for ppl that already have sufficient documentation to file RIR conversion immediately (their co.'s been doing recruitment, etc.). Its also good for ppl that have job requirements on LC that are not likely to attract resumes even if prominently advertised. For lesser mortals such as me, it would not make much sense.

Of course, if and when it becomes clear that the Sep 30 2007 deadline is a sham, I am going in for the conversion, all risks included. But for now, I'll wait and watch, see where its headed.
 
Do you guys all forgot the bottom line? If the conversion is denied, you stay where you are now. Nothing gets lost.

ma_nonrir_eb3 said:
My lawyer suggested the same thing. She's OK with going for RIR if I insist, but she says that since my co has not done any recruitment similar to the position on my LC, it would take a while to establish the "pattern of recruitment" as required by pre-PERM RIR process. Besides, the ad is likely to attract more applicants than with the BEC supervised recruitment. It would also be more expensive, and if the BEC happens to start the supervised recruitment while we are doing the prep for RIR, all the efforts and money for RIR goes waste.

I think what she's saying makes sense to some degree. RIR conversion is a good option for ppl that already have sufficient documentation to file RIR conversion immediately (their co.'s been doing recruitment, etc.). Its also good for ppl that have job requirements on LC that are not likely to attract resumes even if prominently advertised. For lesser mortals such as me, it would not make much sense.

Of course, if and when it becomes clear that the Sep 30 2007 deadline is a sham, I am going in for the conversion, all risks included. But for now, I'll wait and watch, see where its headed.
Click to expand...
 
jack_b_uta said:
Following up on my earlier point.I am trying very hard not to be vindictive or anything, but the BECs had plenty time to do this. I have given up better opportunities, my wife cant work, I cant buy a house, pretty much my life is on hold because BEC cant get their act together. And even now they dont provide any real incentives. So I dont see the point why I would want to convert. I dont really mind if they process my TR case on the last day of Sept 2007 at closing time. For once my lawyer seems to be working for me instead of the government.

JACK
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Hey just wanted to say that there is no problem in buying a house when you are on H1. I bought a house 2 years ago. But only thing is that you shouldn't be doing a buying and selling as a side business so as to generate income.

It's just my opinion.
 
I just had a meeting with my employer. We are going to do recruitment for the next 1 month. I waited for more than 5 years. I am going to give it a try taking all the risks. Let me go through this painful process quick than going through years of agony.

Now you ask what agony in the last 7 years in the same company.
1. No considerable raise
2. Cannot find better opportunities
3. No promotions
4. Highly qualified spouse cannot work.
5. Cannot make ends meet with growing family.
6. If you want to visit home country, you need to go to consulate and be at the mercy of the CO.
7. Thousands of dollars to renew H1 which includes attorney fees.

There are more..
 
Folks,
Question for you: What do you think about filing for a conversion based on a PERM-recruitment process? My lawyer was about to file a parallel PERM case for me, so the recruitment is done and ready. My lawyer says the PERM recruitment is insufficient for RIR. What do you think?
 
Tr-rir

so_depressed said:
Do you guys all forgot the bottom line? If the conversion is denied, you stay where you are now. Nothing gets lost.
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Pls understand that the document says "If request for conversion is denied, then the case stays as TR" but if the request is approved and the case is denied then difficult circumstances.
 
vikramsh said:
Folks,
Question for you: What do you think about filing for a conversion based on a PERM-recruitment process? My lawyer was about to file a parallel PERM case for me, so the recruitment is done and ready. My lawyer says the PERM recruitment is insufficient for RIR. What do you think?
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My lawyer said the same thing, that strictly speaking, the PERM recruitment is not sufficient for RIR. This is one of the first things I asked when she started counting the RIR risks...you do PERM on a regular basis, why can't you treat my recruitment requirements like PERM and go ahead. She said PERM is very black-and-white, RIR is not. However, a skilled lawyer should be able to use PERM recruitment material for RIR. My lawyer is neither very skilled, nor very experienced, so I had to leave it to her judgement.
 
dianasteve said:
Hey just wanted to say that there is no problem in buying a house when you are on H1. I bought a house 2 years ago. But only thing is that you shouldn't be doing a buying and selling as a side business so as to generate income.

It's just my opinion.
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Yup know that. But with the housing market cooling that house will be very difficult to get rid of in a hurry.Moreover, if they find out you are on a work visa, they charge you a higher mortgage rate

JACK
 
what you said about housing market is correct. About rates, they will know your status (H1 OR Green Card or Citizen) when you file the mortgage application. It has nothing to do with the rates. But what matters is your credit score and credit history.
 
I see your point. But the thing I see is if you do not do it you won't know if you are going to have a lot of applicants or not. If you have bad enough luck and you just can't make the case that no one is qualified for your job, then just do not file the request at that time. Take the chance. God knows, you might have more applicants for your TR ad :O)

gptexan said:
Pls understand that the document says "If request for conversion is denied, then the case stays as TR" but if the request is approved and the case is denied then difficult circumstances.
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TR>>RIR

I am a bid surprised by the lack of enthusiasm for the TR>>RIR. First and foremost, please realize that your lawyer will not be eager to work extra. Especially when he/she should not charge you more fees, because technically it is part of the certification process and should the BEC send a recruitment instructions, they have to do it anyway. All those lawyers telling you that the conversion is a bad idea, should either come to this forum or read a bid more about this issue. From my experience, most of the lawyers know less then we all do here at this forum.
In my opinion, all the risks converting outweigh the negative parts.
1., The recruitment should be done in past six month not over six month. In other words, recruitment should not be older then six months. That means that if you advertise now, and in say two weeks again, hire an employment agency, it should be ( now that is a good question!) sufficient recruitment.
2., Suppose that you will have responses to the adds. How will the BEC know how many did you have? Unless they are conducting the recruitment, they have no idea. Read between the lines!
3., BEC is clearly under pressure and will expedite the RIR just as they did with the originally filed RIR’s. They have no time or desire to go to details. If you follow the RIR forum, very few cases had any questions nor were they scrutinized for every little detail.
4., If they indeed do not like you and consider your recruitment insufficient or good enough, BEC will keep you in the TR and conduct the recruitment.
5., BEC clearly invites us to convert and get the case processed. Why ignore it? It shows that you, or your employer is not interested in having you certified and that may only raise flags and cause delays.
These are my opinions. I am not a lawyer I am only educated member of this forum. :D
Please express you opinions.
Thank you!
 
Layoff and TR to RIR conversion

Hey Vexlax

Do you know if recent layoff in the company would affect
TR to RIR conversion? I guess labor was filed three years ago
and not sure which endpoint they would look at.


Thanks

Pk
 
my 2c on the TR-RIR conversion

my LC has been pending since jan 2003. Since then I have gone to extreme lengths asking my lawyer + HR dept + my PM + my supervisor to pls.. pls..for heaven's sake convert my case to RIR... even volunteering to pay for it and undertake the paperwork part of the process.

it has had absolutely no effect.... not only did my lawyer thumb down my request..my employer wasnt convinced.

so last week in a last attempt to try my luck again (abs. sure I will be rewarded with resounding silence!!!) i sent my frikkin lawyer a note asking him to convert my app to RIR and here's the resp I got from him the same day ( i havent heard from him in the last 1.5 yrs!!!)

"I feel that it is wise to proceed with advertising and qualifying your case under RIR if possible.* The standards are lower and my expectation is that DOL would like to clear up this backlog at pretty much any cost.* My feeling is that they will move these cases through and will probably be inclined to approve the cases unless there is a glaring omission in documented recruitment or some other clear and fatal deficiency.* "

must add my lawyer is top notch and hoping he will be able to convince my HR folks...
keepign my fingers (and toes!) crossed
 
There is nothing to lose

Converting TR to RIR, the only thing IF it gets lost would be the MONEY. The time you started turing your long awaited labor to RIR, BEC might send out a supervised recruitment instruction, then you have to halt your RIR and follow the BECs way of work. Thats the ONLY drawback in this conversion. But if people started to follow their 6th Oct published literature, and start doing their RIR conversion, you may win the race ahead of BEC.

If it gets denied, your decision will arrive within months, if not weeks, then again their promise of FIFO would put you in a line where you can start doing the supervised recruitment. But since their over published "12 months backlog" banner keep shining, I don't think the RIR conversion would ever get denied.

All the remanded cases I have seen in the past being treated as RIR, and getting approved. If they will deny the case, it would be much hard for them to fulfil their promise of eliminating backlog by September 30th, 2007.
 
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