Non RIR Discussion Only !

BEC guys not working these days

Freaking holiday season. This past whole week they have only posted a few dozen ads I believe. Today not a single one. Are they still in the bloody vacation? Gosh.
 
What are the steps for TR case?

I almost lost faith to my case. Surprisingly today from my company's website, I found out that AJB already posted my job! Does anyone know what are the following steps? Does my company need to do further recruiting for me or they just need to filter whatever resumes they receive from DOL (if there is any)? Do I need to file a conversion now or I could just wait for this case? Thanks a lot!

My details:
State: MA
PD: 3/2003
NonRIR, EB3
 
Can experience on a Non-RIR backlog application be changed?

I have a Nov 2001 pending Non RIR application at the Philadelphia backlog. In 2005 my company also sponsored a PERM application which got approved and for which I also have the I140 approved as well.

I have a problem with the 2001 Non-RIR application, after finding out that I can convert it to RIR to speed up the process I went to the HR department to get the original application so I can get started with the conversion.
I got the original application and, surprise, it contains errors (as far as I know), in the experience box there are listed 5 years needed, when at the time I was hired by the company I had only 2.

Now I have the following questions.
In my experience I can include experience only at companies where I work before this company which filed the LC, so I can not say I have 8 years experience (at this time) counting the 6 years I spent at this company, right?

If the above is true, then the only way to salvage the 2001 application is to modify it somehow. Now as far as I know, the job description + experience can not be changed no matter what, am I correct?

This means that this 2001 application I cannot use, so my only hope is the 2005 perm application.

Note that I didn't talk with a lawyer so far, since my company is reluctant to pay any more lawyer fees since it payed already for the 2001 and the 2005 application so I have to pay from my own pocket.

Does anyone think the 2001 application can be salvaged somehow?
Right now I have very low expectations and I got used to the idea that it is throw away.

Thanks is advance for any reply.
 
Your company must do a round of recruitment that is described in the RI. You should ask for a copy of that RI from your company even though in theory the applicant is not supposed to be involved in the recuitment process in any form.
rayking said:
I almost lost faith to my case. Surprisingly today from my company's website, I found out that AJB already posted my job! Does anyone know what are the following steps? Does my company need to do further recruiting for me or they just need to filter whatever resumes they receive from DOL (if there is any)? Do I need to file a conversion now or I could just wait for this case? Thanks a lot!

My details:
State: MA
PD: 3/2003
NonRIR, EB3
Click to expand...
 
Recruitment report instruction letter

Has anyone received the recruitment report instruction letter from PBEC after the supervised recruitment period was over ?
 
Pls keep us updated

This is interesting. It would be more interesting if your company receives resumes from BEC for interviewing without doing any recruitment itself. At this moment I almost feel that 'what if the recruitment instruction is lost?' for your case. If it were me, I would definitely ask the lawer to contact the BEC and tell them the situation and get some kind of written response. Please keep us updated for your case. It certainly would be a good news if turn out that BEC does not ask every applicant to do the recruitment.

rvinay said:
My recruitment period expired on 11/27/06 and have not heard anything yet. EB-3/ PD 4/27/01
Click to expand...
 
Confused

I am little confused by your question. I am under impression that once your lawyer receives the RI, the recruitment report must be submitted to DOL at the end of the 75 day (45 days active + 30 days inactive) recruitment period.

Do we have to wait for recruitment report instruction letter before submitting the report to DOL?

Sorry, if I am asking something very oblivious.

epidural said:
Has anyone received the recruitment report instruction letter from PBEC after the supervised recruitment period was over ?
Click to expand...
 
Yes, you need to wait for the recruitment instructions from BEC. BEC will forward all the responses they get for the advertisements placed. You have to submit to BEC the recruitment report after that.
 
tb2904 said:
I am little confused by your question. I am under impression that once your lawyer receives the RI, the recruitment report must be submitted to DOL at the end of the 75 day (45 days active + 30 days inactive) recruitment period.

Do we have to wait for recruitment report instruction letter before submitting the report to DOL?

Sorry, if I am asking something very oblivious.
Click to expand...

tb2904, I am sorry if i confused a lot of folks here. Well the terms are all confusing. But let me try to explain it anyways for the benefit of all. This is as per the RI's we received. We were supposed to do the recruitment within a period of 30 days. Once this recruitment period was over, we were supposed to be receiving instructions from PBEC as to how to file the recruitment report. They had mentioned that it will be come no latter than 2 weeks from the end of the recruitment period. My recruitment period ended as of Dec 20th. So i was just being a bit impatient :rolleyes: . After all these years of suffering i should have known better. After posing the question here i called up my lawyer and they said that they have not received any recruitment report instructions for cases even prior to me and will be sending a reminder note to PBEC about it. This was confirmed by rvinay. I will keep you all posted .
 
Epidural - Thanks for the information.

The reason I asked the question was because my firm’s lawyer told me a different procedure than what you described. According to them the procedure is:

1. Lawyer receives the Recruitment Instruction from DOL
2. Firm conducts the active recruitment (advertisement etc.) for 45 days
3. Firm waits for another 30 days, called inactive period, for the eligible US residents to respond
4. Lawyer sends the recruitment report to the DOL
5. DOL either accepts the report and certifies the labor or rejects the labor.

I was not aware of an additional step where DOL sends the recruitment report instruction before lawyer can submit the report.

How long was your recruitment period - 30 days, 45 days or 75 (45+30) days?



epidural said:
tb2904, I am sorry if i confused a lot of folks here. Well the terms are all confusing. But let me try to explain it anyways for the benefit of all. This is as per the RI's we received. We were supposed to do the recruitment within a period of 30 days. Once this recruitment period was over, we were supposed to be receiving instructions from PBEC as to how to file the recruitment report. They had mentioned that it will be come no latter than 2 weeks from the end of the recruitment period. My recruitment period ended as of Dec 20th. So i was just being a bit impatient :rolleyes: . After all these years of suffering i should have known better. After posing the question here i called up my lawyer and they said that they have not received any recruitment report instructions for cases even prior to me and will be sending a reminder note to PBEC about it. This was confirmed by rvinay. I will keep you all posted .
Click to expand...
 
tb2904 said:
Epidural - Thanks for the information.

The reason I asked the question was because my firm’s lawyer told me a different procedure than what you described. According to them the procedure is:

1. Lawyer receives the Recruitment Instruction from DOL
2. Firm conducts the active recruitment (advertisement etc.) for 45 days
3. Firm waits for another 30 days, called inactive period, for the eligible US residents to respond
4. Lawyer sends the recruitment report to the DOL
5. DOL either accepts the report and certifies the labor or rejects the labor.

I was not aware of an additional step where DOL sends the recruitment report instruction before lawyer can submit the report.

How long was your recruitment period - 30 days, 45 days or 75 (45+30) days?
Click to expand...

tb2904, here is the procedure we received. I am sure must be same for all. If not, others can jump in.
1] Lawyer receives RI's. (We got on 11/08 with instructions to advt within 11/20 - 12/20 ).
2] Firm puts ADVT in paper of general circulation for 3 consecutive days. One to be sunday. All the resumes go to PBEC.
3] upon completion of the 30 days recruitment period, a recuritment report instructions letter will be issued by PBEC, Along with any resumes received by PBEC no latter than two weeks after the end of 30-day recruitment period.
4] Lawyers sends the recruitment report. Mostly this will consist of the newspaper advt cutout and the reason for rejection of candidates if anybody applied.
5] BEC accept or reject.

Hope this helps all.
 
Sounds like tb2904's lawyer forgot to mention that key step? It will be very helpful for this thread if you both can keep this issue updated and reach a 'final verdict' version

epidural said:
tb2904, here is the procedure we received. I am sure must be same for all. If not, others can jump in.
1] Lawyer receives RI's. (We got on 11/08 with instructions to advt within 11/20 - 12/20 ).
2] Firm puts ADVT in paper of general circulation for 3 consecutive days. One to be sunday. All the resumes go to PBEC.
3] upon completion of the 30 days recruitment period, a recuritment report instructions letter will be issued by PBEC, Along with any resumes received by PBEC no latter than two weeks after the end of 30-day recruitment period.
4] Lawyers sends the recruitment report. Mostly this will consist of the newspaper advt cutout and the reason for rejection of candidates if anybody applied.
5] BEC accept or reject.

Hope this helps all.
Click to expand...
:)
 
I see two differences:

1. Recruitment report instruction: I think my firm's lawyer failed to mention this.

2. Recruitment period: Lawyer told me its 75 days - 45 day of active recruitment + 30 days of inactive.

I'll keep you guys updated as my case progress, and request everyone else who have received the RI to do the same. Here is the timeline until now:

Dec 04 - Received the RI (never saw my adv. in AJB)
Dec 17 - Published adv. in newspaper


epidural said:
tb2904, here is the procedure we received. I am sure must be same for all. If not, others can jump in.
1] Lawyer receives RI's. (We got on 11/08 with instructions to advt within 11/20 - 12/20 ).
2] Firm puts ADVT in paper of general circulation for 3 consecutive days. One to be sunday. All the resumes go to PBEC.
3] upon completion of the 30 days recruitment period, a recuritment report instructions letter will be issued by PBEC, Along with any resumes received by PBEC no latter than two weeks after the end of 30-day recruitment period.
4] Lawyers sends the recruitment report. Mostly this will consist of the newspaper advt cutout and the reason for rejection of candidates if anybody applied.
5] BEC accept or reject.

Hope this helps all.
Click to expand...
 
Last edited by a moderator:
Need help

gurus,

Please need your help.

My TR case status still shows as IN PROGRESS. I applied for PERM on Oct 31

yesterday my lawyer received a query for my old TR application.

This query is about MS or BS + 5 year experiance. Is there anybody out there

who has received this type of query? and howshould I answer to this query?

I am also confused here because now my lawyer says my case is EB2.

When and where does this EB2 or EB3 category decide?

Your help on the query is highly appreciated.
 
Look at your application

life_w/o_gc said:
gurus,

Please need your help.

My TR case status still shows as IN PROGRESS. I applied for PERM on Oct 31

yesterday my lawyer received a query for my old TR application.

This query is about MS or BS + 5 year experiance. Is there anybody out there

who has received this type of query? and howshould I answer to this query?

I am also confused here because now my lawyer says my case is EB2.

When and where does this EB2 or EB3 category decide?

Your help on the query is highly appreciated.
Click to expand...

There are two things that determine your EB2/EB3 status: One is the educational requirements alongwith experience. If section 14 of your application says Bachelors + 5 years or Masters + 0 years. The second is the prevailing wage determination (PWD). This is wage as determined by DOL for your area of employment. The wage your employer is willing to pay you after obtaining GC should within + or - 5% of the PWD (Note that this applies only to old labor certification procedure. The new PERM process doesn't allow this). If these two conditions are met, then yours is EB2 else EB3.

How to determine prevailing wage for your job and area? Use this wizard: http://www.flcdatacenter.com/OesWizardStart.aspx
If you have your BEC screenshot, look at 'Rate of Pay' and 'Prevailing Wage' fields. That should help you determine your case type.

Goodluck
 
fairboy said:
There are two things that determine your EB2/EB3 status: One is the educational requirements alongwith experience. If section 14 of your application says Bachelors + 5 years or Masters + 0 years. The second is the prevailing wage determination (PWD). This is wage as determined by DOL for your area of employment. The wage your employer is willing to pay you after obtaining GC should within + or - 5% of the PWD (Note that this applies only to old labor certification procedure. The new PERM process doesn't allow this). If these two conditions are met, then yours is EB2 else EB3.

How to determine prevailing wage for your job and area? Use this wizard: http://www.flcdatacenter.com/OesWizardStart.aspx
If you have your BEC screenshot, look at 'Rate of Pay' and 'Prevailing Wage' fields. That should help you determine your case type.

Goodluck
Click to expand...


Thanks for your prompt reply.
 
Any Updates to 2002 PD cases from MN

Hi All:
I haven't checked this forum lately. Just wondering what is happeneding to the 2002 PD Non- RIR cases at DBEC. Mine was filed on Spetember 2002 and went into Chicago Regional in August 2003 and then transferred to DBEC. Got the 45 day letter in 3/2005 and from then onwards i didn't see any chane in the cases status. Still It is showing 'In Process' status. Does anyone had similar waiting / in the same boat... It has been more than 4 years waiting for this First stage of GC process only.....And i am already in 8th year extension :-(

PD: Sept 2002
RD : Aug 2003
45 day Letter recieved & replied : March 2005
State : MN
Region : Chicago
Processing Type: Non -RIR or TR case
 
What does it take to establish a pattern of recruitment?

My RIR conversion was initiated more than two months ago. I was checking on the status with the atterny. I was told that they are waiting for a pattern of recruitment to be established before they can file the conversion, and possibly the case will be filed in Feb 2007.

What does the "pattern of recruitment" realy mean? What does it take and how long does it take to establish the pattern of recruitment?

Thanks in advance for any inputs.
 
cuaderno said:
My RIR conversion was initiated more than two months ago. I was checking on the status with the atterny. I was told that they are waiting for a pattern of recruitment to be established before they can file the conversion, and possibly the case will be filed in Feb 2007.

What does the "pattern of recruitment" realy mean? What does it take and how long does it take to establish the pattern of recruitment?

Thanks in advance for any inputs.
Click to expand...

Please check the new RIR conversion faq. It's easy now.
http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_12-22-06.pdf
 
Last edited by a moderator:
You must log in or register to reply here.
Top