Non RIR Discussion Only !

Call your attorney first thing in the morning and appriase him of the situation. Ask him to call BEC P or D depending on your state.


waitingGCard said:
Hello Folks,

I am new member to this forum. I was checking my case status online . Since last week it was "IN PROCESS". Today it showed "WITHDRAWN". Please let me know what it means. I never asked my attorney to withdraw my case. Do you have any suggestins for me?

mine is EB2 /non-RIR
PD-June 2003
I got 45 day letter and in April 2006 and replied.
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question

My case was showing "In Process" all along until yesterday. It shows as "Data review" today. Does anyone know what this means ? It is a non-RIR case from May 2001.
 
RIR Conversion and wage issue

I have June 2001 labor pending. It was originally RIR. It was approved by SWA, remanded by DOL and now in BEC. My company is trying to convert my case to RIR. But only problem is my salary is 10 k lower compared to RIR salary. Original case was filed with much lower salary in 2001. Lawyer is saying that unless you reach conversion salary level, I-485 can not be filed even if labor approved. I am on 9th year of H1-B. It may take 3-4 years to get those hikes.

Any suggestion for tricks, work around or what can be done here ...
 
stuck2001 said:
I have June 2001 labor pending. It was originally RIR. It was approved by SWA, remanded by DOL and now in BEC. My company is trying to convert my case to RIR. But only problem is my salary is 10 k lower compared to RIR salary. Original case was filed with much lower salary in 2001. Lawyer is saying that unless you reach conversion salary level, I-485 can not be filed even if labor approved. I am on 9th year of H1-B. It may take 3-4 years to get those hikes.

Any suggestion for tricks, work around or what can be done here ...
Click to expand...

Forget about the salary level, you are not even entitled in filing conversion. Read the faq or have your lawyer do some work.
 
You're right. Funny thing is, I clicked the link myself and it worked everytime before I posted. It must have been the cache. Anyway, here is how I did it, go to AJB:

http://www.jobsearch.org/seeker/jobsearch/quick

Fill in '051*' in 'Enter Keyword(d)' field
Chose 'Entire United States' in the drop-down list
Click 'Search'
Click one of 'TeamExceed'

I just saw another 28 ads from Nov.2.

labordrags said:
Not sure if its ONLY me, but all the links that you have posted don't work to get the results.
Click to expand...
 
Looks like the link doesn't stay. It changes.

so_depressed said:
You're right. Funny thing is, I clicked the link myself and it worked everytime before I posted. It must have been the cache. Anyway, here is how I did it, go to AJB:

http://www.jobsearch.org/seeker/jobsearch/quick

Fill in '051*' in 'Enter Keyword(d)' field
Chose 'Entire United States' in the drop-down list
Click 'Search'
Click one of 'TeamExceed'

I just saw another 28 ads from Nov.2.
Click to expand...
 
Verify can confirm

Hi Kanke,

You should do two things in my opinion

1) Verify that you case indeed cleared state. Did you Lawyer just bullshit to you or did it really clear. I don't know what will help you to confirm that, but you should seek more than just your lawyers words to confirm if it cleared state.

2) If an application that has cleared the state is closed.... all that is needed to be done is to reopen. As soon as it is reopened, it should show up in their screens for clearing. Since your application shows in-process, one can reasonably expect that your approval will come whenever they wake up. Your's is in Dallas or Philly? Ask your Lawyer to call and talk.

Bruce

kanke said:
My case is similar to yours.Trying to correct case-source to regional.My PD is November2001,TR.Case cleared state and moved to regional in 2004 July.Case closed notice in Jan2006,reopened later.Case status -In process.Convinced the lawyer finally to send a fax 8-9 weeks before.Requested to send another fax 2 weeks back too.
I really don't know what to do.From your quote I understand I cannot even try to convert to RIR either.Please let me know if you get any ideas.

Gurus of this forum,if any idea please advice----
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I think..

GCBy2010 said:
My case was showing "In Process" all along until yesterday. It shows as "Data review" today. Does anyone know what this means ? It is a non-RIR case from May 2001.
Click to expand...


Hey how you doing?
I think it means your case has been entered into the BackLog System and is under review.
 
Last edited by a moderator:
immigration-law.com update

11/02/2006: Pending System Changes, Foreign Labor Certification Website is Down!

* Does November 1 mean something? The changes in the USCIS website on November 1 have given people enough nightmares for their access to the agency information. Now DOL/ETA Foreign Labor Certification website is undergoing changes, and according to the announcement, the URL will change. Pending the change, the website is down. However, the PERM and H-1B LCA filing sites are still up and running. Unreal!!!

I hope they are atleast working :)
 
I did not understand tone and content of this reply. Can you tell me which line of FAQ you are referring ? My lawyer is almost ready to file RIR conversion and is reputed lawyer.
 
stuck2001 said:
I did not understand tone and content of this reply. Can you tell me which line of FAQ you are referring ? My lawyer is almost ready to file RIR conversion and is reputed lawyer.
Click to expand...

You cannot file the convesion if you have already conducted the recruitment. And thats the latest release FAQ from DOL. You can find it in DOL website, currently its down, and I cannot access it. Once I see it working, I may paste the info to you.

This is the latest fact - the coversion date being extended on this faq. Yours PD is quite an old one, where the old rule MAY apply. I am not sure. But again show your lawyer about this faq to get his opinion. The faq was released on 6th October 2006.
 
Re:

HI, Kanke,

Would you mind to tell me which phone number you use to reach Dallas. My application was lost by state level, now we are resubmitting and I want to find out when Dallas can re open my case. thank you in advance for your help.

kanke said:
Thanks for the response Bruce willis.Let me give the details of my case.
My case cleared the state in 2004 may or june after a waiting period of almost 2.5 years.I don't remember when we did the advertisement and all other stuff. Any way the lawyer called us in may/june 2004 to tell us the state is cleared and then we applied to regional in JULY/August2004(in Dallas). Later it was moved to DBEC.

In 2006 Jan,we got the case closed letter from DBEC.We approached the lawyer and the company and they were able to reinstate the case. In April 2006,when I had to apply for my H1b extension for 9th year, I requested the lawyer for a screen shot. In that I found the case is in process.

In July when I started reading this fourm and found ,couple of people are calling DBEC- I decided to try my luck.After I left a voice mail,one guy called me back.When I spoke to him about my case, initially he was reluctant to give any info when I said I am the foreign worker.Later when I said about the 2001 PD and other stuff,he only, pointed out that my case source is state instead of regional and that is how it is entered in the system.He suggested to send a fax to correct it and also that he has no idea what to do next.

Later I talked with my lawyer by mentioning this person at the BEC.Then he immediatly agreed to send the fax.This was almost 8-9 weeks before. I waited for a month and tried to call DBEC again as my lawyer said he is not able to talk nor did he get any response from DBEC.I found that DBEC has no information about the fax and they are not giving any response/email as they have lot of backup on that area too.He said the fax is still not entered in the system and he has no clue how long it will take to enter in the sytem.So my lawyer decided to send one more fax after I gave him this information. Acc to the lawyer no one is talking or giving any information at DBEC.

I also read in this forum that you cannot convert to RIR,if your recruitment is done. I know in my case it is done.But as per DBEC record it is still at the state level.Will I be getting again RI or hopefully one day they will see the fax and correct it.
In the meanwhile is there something else I can do??? I read that Terminator 2004 also is in the same situation.Any one has any idea more idea how to correct the case source
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Ask your Lawyer to do his job

Hi Kanke,

You guys have done everything except one last thing. Just keep trying to reach them and try to tell them that the fax is being sent. They have to correct the information they have entered. Somehow you guys should make sure that happens. Call\mail\visit. Do whatever to reach them and make sure your application is entered correctly.

I don't see practically any other approach. Your Lawyer should call, not you. He\She should give an acceptable answer. Just saying that I have sent a fax doesn't let them off the hook. Ask them to get on the phone can call until they get through.

All that needs to be done for your application is for someone to pick up that fax and correct the data entry. Now we should nudge them push them into doing it. Your lawyer is the best person to do that.... why?? because you he is the only one allowed to call. You ask him to call and you try parellelly.

-Bruce

kanke said:
Thanks for the response Bruce willis.Let me give the details of my case.
My case cleared the state in 2004 may or june after a waiting period of almost 2.5 years.I don't remember when we did the advertisement and all other stuff. Any way the lawyer called us in may/june 2004 to tell us the state is cleared and then we applied to regional in JULY/August2004(in Dallas). Later it was moved to DBEC.

In 2006 Jan,we got the case closed letter from DBEC.We approached the lawyer and the company and they were able to reinstate the case. In April 2006,when I had to apply for my H1b extension for 9th year, I requested the lawyer for a screen shot. In that I found the case is in process.

In July when I started reading this fourm and found ,couple of people are calling DBEC- I decided to try my luck.After I left a voice mail,one guy called me back.When I spoke to him about my case, initially he was reluctant to give any info when I said I am the foreign worker.Later when I said about the 2001 PD and other stuff,he only, pointed out that my case source is state instead of regional and that is how it is entered in the system.He suggested to send a fax to correct it and also that he has no idea what to do next.

Later I talked with my lawyer by mentioning this person at the BEC.Then he immediatly agreed to send the fax.This was almost 8-9 weeks before. I waited for a month and tried to call DBEC again as my lawyer said he is not able to talk nor did he get any response from DBEC.I found that DBEC has no information about the fax and they are not giving any response/email as they have lot of backup on that area too.He said the fax is still not entered in the system and he has no clue how long it will take to enter in the sytem.So my lawyer decided to send one more fax after I gave him this information. Acc to the lawyer no one is talking or giving any information at DBEC.

I also read in this forum that you cannot convert to RIR,if your recruitment is done. I know in my case it is done.But as per DBEC record it is still at the state level.Will I be getting again RI or hopefully one day they will see the fax and correct it.
In the meanwhile is there something else I can do??? I read that Terminator 2004 also is in the same situation.Any one has any idea more idea how to correct the case source
Click to expand...
 
case source state 2 region

No use - i tried with my attorney - 3 times and she got annoyed
They don't give a f*** as what we deal with - Every day has been a torturous wait. I have given up hope
Praying for my death instead of my approval - I am sure i will get that sooner than LC approval - :)

My attorney is a piece of shit - i told her about that a year back - she neglected it and lied to me that i was wrong - now that rand says she tried and they don't entertain it - they are not worth anything -

Try emailing your attorney - i'd be surprised if they attorney
 
Re:

HI, Kanke,

I think maybe you are right. The attoney do their job, just not do not have the same result as we expect. My case was lost by state level, my atterny did not get 45 days letters and continued to send email to dallas since July, they did not reply. First I did not believe this, I think my attoney eitehr forgot sending email or playingsome trick with you. But after reading your information, Dallas did not give much information in last three monthes. I think my atteney did not lie. I called the number you give to me, it does not work. one one picks up the phone.

kanke said:
Thanks bruce and terminator.
Eventhough my attorney is not very smart,he listens to his clients. I used to get impatient with him in the first 3 years.Now I changed the approach and started working with him and he really listens and talks.I really trust my attorney when he told me no one is really talking at DBEC.

Initially I was also skeptical as the usual expectation is that DBEC people talk to attorneys. So I picked up the phone and talked to the DBEC(the 214-237-9111).They initially thought I was calling from the attorney's office.I did not bother to correct them either.Their first reaction was "we are not talking about any cases to anyone.Send us an email".When I said already send email and fax,they said they are backed up on email too and I will get a response from DBEC sometime.When asked whether I need to send the fax again,he said please don't send the fax and same content email.He also mentioned in the last 3 months they are not really giving out any information .

When I mentioned this to my attorney, he said he is also getting the same reponse.But he is still sending an email. This was the last conversation I had with my lawyer 2 weeks back. I will wait for one more week and talk to him.Probably he will give the same reply.But he will send another email after that.So I can keep sending emails every month until they pick up my case.

I was wondering whether we can send email to DBEC regarding this.???
Any thoughts on that.If it is possible, please let me know the email-id.


Terminator, All of us are frustrated but taking it on others is not going to do any good and most probably you are not really using such stand at your attorney.I guess you were venting out your frustration.If not,I think it would be wise if you change your tone to your attorney and tell her why you are getting worked up and difficult things are for you.I agree she already knows that.But when we take a positive stance they are more approachable. Just a thought from someone who is going through the same saga for last 5 years.
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modify pending LC without loosing PD?

Is it possible to make some adjustment to pending Non RIR case without loosing the PD or any other complication? Since My PD is June 2002 and DBEC haven't really started the recruitment process yet, I was hoping we could make modification on the section of ETA 750B where we put number of years of experience needed for the position. Has anyone make this or similar kind of modification to pending case without much hassle or loosing PD?

I appreciate your thought on this. thanks.
 
labordrags said:
You cannot file the convesion if you have already conducted the recruitment. And thats the latest release FAQ from DOL. You can find it in DOL website, currently its down, and I cannot access it. Once I see it working, I may paste the info to you.

This is the latest fact - the coversion date being extended on this faq. Yours PD is quite an old one, where the old rule MAY apply. I am not sure. But again show your lawyer about this faq to get his opinion. The faq was released on 6th October 2006.
Click to expand...
I checked myself and with my lawyer about October 6 FAQ. There is nothing which stops us to file for RIR conversion as we did not receive recruitment instructions yet. Original case was RIR that is also fine.

I read I-485 form, it seems at least company needs to give employment letter with new higher salary when RIR conversion succeeds to apply final stage. See text below:

"--If your adjustment of status application is related to an employment based visa petition (Form I-140), you must submit a letter on the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you. The letter must also state the salary that will be paid.Employment Letter."

Let me know any one has gone through situation when case was converted to RIR but RIR salary is 5-10k higher than your current salary and how did you resolve it.
 
Changing Education requirement on Pending Labor Application

My employer wants to relax the education requirement on my pending labor certification from "Masters in Computer Science" to "Bachelor in Computer Science or equivalent". Do you think that DOL will allow it (it is a TR case and no recruitment has been done so far)? If yes, then do you know the procedure. Thanks so much guys.
 
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