Non RIR Discussion Only !

prman said:
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

He is right at one angle. Other angle: Going to RIR - Probable early labor approval- And so early filing of I-140 and early approval of I-140- So early possibility of 3 Yrs. H1 extension filing in place of 1 year extension. If H1 extensions after 6 th year does not apply to one then one can decide not to conevrt RIR otherwise not.

Note: This is just my opinion. Do not consider as legal dvise.
 
Well, assuming that you get your case approved faster by converting it to RIR, you can at least get your I-140 processed even if your priority date is not current. Once you have your I-140 processed, you can avail of the AC21 portability which will allow you to switch jobs in the same field and still maintain your earlier priority date.

Hope this is useful information!



prman said:
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
 
shanpai said:
Well, assuming that you get your case approved faster by converting it to RIR, you can at least get your I-140 processed even if your priority date is not current. Once you have your I-140 processed, you can avail of the AC21 portability which will allow you to switch jobs in the same field and still maintain your earlier priority date.

Hope this is useful information!

Here you go... Guys come up with other advantages !!! So far 2 advantages we could list...
 
prman said:
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

Your attorney is right. Since you dont have early PD, converting it into RIR and getting early approval won't let you file I-485. The only advantage is, you can file I-140, which will give you 3 years of extension if you wish to renew your H1B application (instead of 1 year increment - after six years in it).

In order to get an advantage of AC-21, your I-140 needs to be approved and your I-485 needs to be pending for 180 days.

Since they DOL promise in clearing the backlog by September of 2007, it will be worth to wait and follow their way of doing the recruitment in your case -given the fact that you don't have early PD.
 
shanpai said:
Well, assuming that you get your case approved faster by converting it to RIR, you can at least get your I-140 processed even if your priority date is not current. Once you have your I-140 processed, you can avail of the AC21 portability which will allow you to switch jobs in the same field and still maintain your earlier priority date.

Hope this is useful information!

You can switch job, and retain the PD once the I140 is approved. But you will again go thru filing labor, and getting it approved.

Remember: The present company should not cancel your I-140 or use it as a substitution. If either of it happens, then you are out of luck.
 
bharatpremi said:
Here you go... Guys come up with other advantages !!! So far 2 advantages we could list...
By converting to RIR, one can get the Labor Approval early, which could mean early I-140 approval. Now, with an approved I-140 in hand with an early PD, you could find another employer willing to file PERM for you in EB2. You can then port the PD from the EB3 approved 140 to the EB2 140 (provided your previous employer does not cancel it with USCIS), and avail of the more current PD with EB2 and file 485 immediately.

Again, I am not a legal expert, but I believe this could be one advantage of getting your LC approved early, even if your PD is not current.
 
ma_nonrir_eb3 said:
By converting to RIR, one can get the Labor Approval early, which could mean early I-140 approval. Now, with an approved I-140 in hand with an early PD, you could find another employer willing to file PERM for you in EB2. You can then port the PD from the EB3 approved 140 to the EB2 140 (provided your previous employer does not cancel it with USCIS), and avail of the more current PD with EB2 and file 485 immediately.

Again, I am not a legal expert, but I believe this could be one advantage of getting your LC approved early, even if your PD is not current.

Here you go...Thanks. I'm waiting for MDwatch to add his say. In my opinion, most of the advantages have already been listed but stil wait for any "GURU" to throw a light on unseen corner of this conversion street.
 
Another couple of big advantages
1) At present we are only seeing the light of a very big black tunnel called BEC. Its better to get the labor approved through the faster route before the next recession/layoffs come in. An approved labor is always better than a pending labor
2) With non-RIR applications, BEC is not going to process the application before September 2007. Once the responsibility falls on the employer to complete the supervised recruitment process, BEC will put the ball on the employers court and then September 2007 date is no longer valid for non-RIR applications. BEC can always put the blame on the employer for missing the September 2007 deadline. With RIR, the ball is in BEC's court.

IMO it is best to convert to RIR. There is nothing to lose.
 
How do I search for the jobs listed by Dallas BEC? I tried D-05, D-05192 but got nothing.

Thanks.

mikeliu88 said:
Hi folks,

There are many many IT related job ads on AJB web site.

This is the way to search those ads:

1. Go to http://www.jobsearch.org/seeker/jobsearch/numbersearch
2. Select "Company Job ID" as search method
3. Enter first several digits from your #, such as P-05181
4. Select "Partial Matches"
5. Click "Search Now" button.

Note if you just enter p-05 as the company Job ID, you will not get all ads for p-05 jobs. You will miss lots of those ads. For example, if you search by p-0518, you will get an ad for p-05181-91914, but if you search by p-05 or p-051, you will not get it!

The best way is to enter your whole # to see if there is anything there. You may be surprised!

Alternatively, you can also go to indeed.com to search.
 
Thank you guys for all your valuable suggestions, and also the attorney says "One disadvantage may be the wage as (Company) is required to pay 100% of the prevailing wage, not like before where they were allowed to pay only 95%. We will need to prepare and submit a prevailing wage request with the Colorado DOL. Depending on the wage that is determined, you either must be paid the wage now or (Company) will have to agree to pay the wage in the future. This will affect your Traditional Labor Certification as well."

My question is How it will affect the Traditional Labor Certification?

Thanks
 
prman said:
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

I think that your attorney was reading my posts.
I am sure that there are many lawyers here reading and learning...
We keep paying...
Life sucks...
:D
 
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.


I have also requested my attorney and they have agreed to file for conversion from Non-RIR to RIR. Anyone been successful with the conversion and how long did it take?
 
My Attorney refuses to convert:
Here is the situtaiton.
I have a Feb 2004 Eb2 PD labor approved and I have 2001 Remanded Eb2 labor pending. I asked my liar to convert 2001 to RIR, he refused.
His theory is since date for Eb2 India moved from June 2002 to Jan 2003 last month, visa dates for Feb 2004 would reach sooner than conversion.

I disagree with this statement, I don't think 2004 would reach within 2 years.
What do you guys suggest? I can make this a big issue and make some noise,

this stupid lawyer has time and over again taken the "safe" path of just sit and wait and made me suffer for over 6 years. He is completly useless, I do all the reasearch and he gets paid for filling forms.
Thanks in advance,
dgb
 
stsgc said:
I have also requested my attorney and they have agreed to file for conversion from Non-RIR to RIR. Anyone been successful with the conversion and how long did it take?
Hi,
My attorney says it is not worth conversion and he is totally disagree that we will get it done after 2 print ads.He also beleives that it is going to be consume min. 4-5 months so it isnreally discouraging news .I do not know what to do as My prority dt is 30Apr,2001

Neeraj
 
Days_go_by said:
My Attorney refuses to convert:
Here is the situtaiton.
I have a Feb 2004 Eb2 PD labor approved and I have 2001 Remanded Eb2 labor pending. I asked my liar to convert 2001 to RIR, he refused.
His theory is since date for Eb2 India moved from June 2002 to Jan 2003 last month, visa dates for Feb 2004 would reach sooner than conversion.

I disagree with this statement, I don't think 2004 would reach within 2 years.
What do you guys suggest? I can make this a big issue and make some noise,

this stupid lawyer has time and over again taken the "safe" path of just sit and wait and made me suffer for over 6 years. He is completly useless, I do all the reasearch and he gets paid for filling forms.
Thanks in advance,
dgb

My lawer agreed to convert from Non-RIR to RIR. As you know mine also got remanded. As far as I know, there is nothing for us to lose by converting from Non-RIR to RIR but to gain. I am still not sure why you are attorney wont ask for conversion!!

Why do we have to bet on uncertanity, when we know by converting your 2001 LC To RIR you could possibly get your GC withing 1 year.
 
gneerajg said:
Hi,
My attorney says it is not worth conversion and he is totally disagree that we will get it done after 2 print ads.He also beleives that it is going to be consume min. 4-5 months so it isnreally discouraging news .I do not know what to do as My prority dt is 30Apr,2001

Neeraj

Since your PD was before 8/3/2001, did you try converting earlier?
 
Has anyone received BEC recruting instructions? It is hard to belive that we have nobody here with a TR case getting anything. Friends? Co-workers? Please post any detailes. Thank you! :confused:
 
Yes I have received RI on 10/16/06. Job was posted on AJB on 10/11/06. I have instructions to complete the recruitment process in 30 days.
EB3-Non RIR/ 04/27/01. Hope this will help
 
2001?!?! Five and ha half years just to get labor? What kind of hole are we in? :mad:

rvinay said:
Yes I have received RI on 10/16/06. Job was posted on AJB on 10/11/06. I have instructions to complete the recruitment process in 30 days.
EB3-Non RIR/ 04/27/01. Hope this will help
 
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