Non RIR Discussion Only !

vikramsh said:
Question: What if your company has layoffs after your case has been converted to RIR and while it is pending processing in the RIR queue?
Does it go back to TR or does the case get tossed out completely, priority date and everything?
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Layoffs MUST not have occured within 6 months prior to file RIR application. It does not talk about the layoff which occurs next day after RIR application filing.. So I guess we are fine there. At least that is what I have understood so far. Any other opinion with supporting "Legal Link"?
 
Hi Bidme, how did you get the screen shot of your case. Is it the same process as before like sending an email to the appropraite BEC?



bidme_786 said:
The lawyer did not fax me yet. I call but could not get hold of him. I know everyone is interested to know about the recruitment instructions. I will post here as soon as I get it from my lawyer.

One more thing, today I requested PBEC for the screenshot of my case status and when I received all the fields were filled (Occupation Title, Occupation Code, Prevailing Wage…). This was not the case last week.

So this is one sign as soon as the fields are filled one can expect the recruitment instructions anytime.
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vikramsh said:
Question: What if your company has layoffs after your case has been converted to RIR and while it is pending processing in the RIR queue?
Does it go back to TR or does the case get tossed out completely, priority date and everything?
Click to expand...

Check the AILA website, there has been a few appeals to the BALCA court on that.

It is dated 10/16/2006 but can't be fully accessed. Just a summary but it should be enough to make you feel better :)
http://www.aila.org/RecentPosting/RecentPostingList.aspx
 
Spoke with attorney and he says we need to take this opportunity of converting to RIR. He has already started the process. Hope BEC wont send recruitment instruction befor submitting it.
PD JAN 2003.
 
Does anybody know how long it will take for them to respond. Mine is Dallas. I already sent twice. One a few months ago and another one yesterday. I haven't got a response from them after the case number was assigned.

bidme_786 said:
Yes. Send a email to H1B7YR@PHI.DFLC.US asking your case status.
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This is what I got from Dallas when I requested the screen shot.
************************************************
Dear Requestor,
You have reached the Dallas Backlog Elimination Center status inquiry mailbox. At this time, we are unable to provide status information on Permanent Labor Certifications.
If your request is in reference to the following, if acceptable, we will update your information as requested:
• Address updates for attorney, employer, or alien
• Change of attorney (or attorney address changes)
Aliens seeking status must contact their employer (human resource dept.) or attorney to obtain information.

Thank you,
DFLC Dallas Backlog Elimination Center
 
dianasteve said:
This is what I got from Dallas when I requested the screen shot.
************************************************
Dear Requestor,
You have reached the Dallas Backlog Elimination Center status inquiry mailbox. At this time, we are unable to provide status information on Permanent Labor Certifications.
If your request is in reference to the following, if acceptable, we will update your information as requested:
• Address updates for attorney, employer, or alien
• Change of attorney (or attorney address changes)
Aliens seeking status must contact their employer (human resource dept.) or attorney to obtain information.

Thank you,
DFLC Dallas Backlog Elimination Center
Click to expand...

dont loose heart, keep sending the same email, just like a new email, everyday until you hear from them...
 
screen shot

dianasteve said:
This is what I got from Dallas when I requested the screen shot.
************************************************
Dear Requestor,
You have reached the Dallas Backlog Elimination Center status inquiry mailbox. At this time, we are unable to provide status information on Permanent Labor Certifications.
If your request is in reference to the following, if acceptable, we will update your information as requested:
• Address updates for attorney, employer, or alien
• Change of attorney (or attorney address changes)
Aliens seeking status must contact their employer (human resource dept.) or attorney to obtain information.

Thank you,
DFLC Dallas Backlog Elimination Center
Click to expand...

I think you have to get your attorney or your HR to send DBEC email. Alien cannot request the status by themselves.
 
hingo said:
Spoke with attorney and he says we need to take this opportunity of converting to RIR. He has already started the process. Hope BEC wont send recruitment instruction befor submitting it.
PD JAN 2003.
Click to expand...

Yep, I did the same. Took little risk for money. Let's hope now job number do not pop out from BEC bag till RIR conversion request reached to it.
 
TR to RIR with new title, job requirements

I asked this question in another thread. But not recieved any reply.
Here is the question.

Since our applications have stuck in queue for more than 3-4 years, can we change the job requirements when we try to convert our application from TR to RIR
Say for example, your original job title in TR might be Specialist and requirement is 3+ years and when it is converted to RIR, can we change that to Analyst and MS or 5+ years experience

I know that if we wish to convert our TR application to PERM with out loosing priority date, application needs to be identical. There was no mention about that in TR to RIR conversion. I believe we should be able to do that. Otherwise what is the advantage of this as we could go through PERM and get approval much quicker.
 
tarikida said:
I asked this question in another thread. But not recieved any reply.
Here is the question.

Since our applications have stuck in queue for more than 3-4 years, can we change the job requirements when we try to convert our application from TR to RIR
Say for example, your original job title in TR might be Specialist and requirement is 3+ years and when it is converted to RIR, can we change that to Analyst and MS or 5+ years experience

I know that if we wish to convert our TR application to PERM with out loosing priority date, application needs to be identical. There was no mention about that in TR to RIR conversion. I believe we should be able to do that. Otherwise what is the advantage of this as we could go through PERM and get approval much quicker.
Click to expand...

I think that you are allowed to amend your application before it is adjudicated. Mvinays for example got his LC moved from EB3 to EB2 while responding to an RFE. He will have more insight with this :)
 
tarikida said:
I asked this question in another thread. But not recieved any reply.
Here is the question.

Since our applications have stuck in queue for more than 3-4 years, can we change the job requirements when we try to convert our application from TR to RIR
Say for example, your original job title in TR might be Specialist and requirement is 3+ years and when it is converted to RIR, can we change that to Analyst and MS or 5+ years experience

I know that if we wish to convert our TR application to PERM with out loosing priority date, application needs to be identical. There was no mention about that in TR to RIR conversion. I believe we should be able to do that. Otherwise what is the advantage of this as we could go through PERM and get approval much quicker.
Click to expand...

Here are my thoughts:

Two things need to be considered. 1) Job Description and requirements 2) Recruitment efforts through particular advetisement method. Now within particular category (Say for an example EB3) two different processing streams 1) RIR 2) Regular (Non-RIR). For these 2 different streams what matters is kind of recruitment efforts. Recruitment efforts differ them (RIR OR Non-RIR) not job description. Job description and requirements make a diiference in category like EB2 or EB3. So to say switching to different processing stream (Non-RIR to RIR) MUST not require change in job description and requirements. What will change -- Only recruitment efforts. So in simple term JOB DESCRIPTION/REQUIREMENTS MUST remain same. Only change in recruitment efforts will bring you speedy decision in case of RIR Vs Non-RIR. As far as 'PERM conversion without loosing PD' is concerned most people do not advise and general opinion is that it is a complex and dangerous process.. I personally do not know reasons behind that opinion.

Does this answer your query?

Gurus,

Any different opinion?

Note: This is just opinion not a legal advise. Please contact authorized professsional immigration lawyers for your immigration need.
 
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How long does it take to prepare for TR->RIR?

My attorney told me it takes about 4-6 months for the preparation of filing TR->RIR conversion. I mentioned to him about "2 Sunday ads, etc.." from the posts I read in this forum. But he told me that is old stuff.
Does anybody have an official website on this?
 
cuaderno said:
My attorney told me it takes about 4-6 months for the preparation of filing TR->RIR conversion. I mentioned to him about "2 Sunday ads, etc.." from the posts I read in this forum. But he told me that is old stuff.
Does anybody have an official website on this?
Click to expand...

Well, My lawyer told me that 3 months of "Aggresive" recruitment efforts would be sufficient for conversion request. He was considering 3 months of end to end effort process enough not a single day less..I was pressing to get it finished within 1.5 to 2 months and he rightaway rejected it.
 
I was told by my attorney that we can send the conversion request after 30 days of the last posting of the Ad. Also he mentioned the Ad may not be same as the one we submitted. He has already informed my company about this and they gave green signal. hope it will not screw up the process

Any thoughts?
 
hingo said:
I was told by my attorney that we can send the conversion request after 30 days of the last posting of the Ad. Also he mentioned the Ad may not be same as the one we submitted. He has already informed my company about this and they gave green signal. hope it will not screw up the process

Any thoughts?
Click to expand...

My manager has asked this question to our attorney yesterday. I will give an update as soon as I recieve a word from my attorney.
 
Happy Diwali

Guys,
Wish you all a very happy Diwali and prosperous new year. Hopefully, by this time next year, all of us will have an approved labor certification. Hang in there!
 
Guys, need your advice!

Got a mail from my attorney, a sentence from it is "Please note that if your priority date is not current converting your case to RIR may not be of any advantage"

I am in a dilema whether to convert it or not. I know ultimately its my decision but still want to listen from you guys. See my details in the signature.

Thanks
 
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