Non RIR Discussion Only !

In_Need_GC said:
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
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See my signature. Few of my collegues got the approval one year back and few of my friends with later priority date also got approval. I am still waiting. Mine also went to regional sometime Dec 2002.
 
Multiple Labor

Hi Friends, Need some suggestion. My case is as below

EB3 - MA - TR - June-04 (In PBEC)
EB2 - MA - PERM - NOV-06 (Approved)

Both are from same employer and different positions. Should I go ahead with EB2 I-140 ? Or should I wait for BEC approval for the old appliaction ? Is there any limit in number of days between labor approval and I-140 application?

I am intending to transfer the old PD using the PD portability law.

what do you think ?

-Thank you
happy new year to all of you !
 
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indianpresent said:
Hi Friends, Need some suggestion. My case is as below

EB3 - MA - TR - June-04 (In PBEC)
EB2 - MA - PERM - NOV-06 (Approved)

Both are from same employer and different positions. Should I go ahead with EB2 I-140 ? Or should I wait for BEC approval for the old application ? Is there any limit in number of days between labor approval and I-140 application?

I am intending to transfer the old PD using the PD portability law.

what do you think ?

-Thank you
happy new year to all of you !
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Filing I-140 with the PERM labor certification maybe helpful if you need H-1B extension - an approved I-140 will fetch you 3 years. Secondly, if retrogression is an issue then, you can use the EB2 category for the PERM LC (apart from porting the PD).

In order to port the Priority Date, you have to wait for the PBEC LC followed by the corresponding I-140 (EB3) to approve. Once this stage is done, use the PERM LC / I-140 (EB2) with June 2004 Priority Date to file I-485.

If none of the above conditions are applicable to your case you may simply abandon the Pending LC at PBEC and proceed with the PERM. What's your company Attorney's opinion?
 
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pattern of recuitment

dianasteve, thanks for your reply.
On page 4 of FAQs, it says "the applicant must demonstrate a pattern of recruitment for the job for the RIR conversion request to be accepted". I guess this step is necessary. But I am not sure what are invovled and how long does it take.

dianasteve said:
Please check the new RIR conversion faq. It's easy now.
http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_12-22-06.pdf
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Thanks friend. I have not talked to him yet. But basically I was the one who told him about the PD portability. My nationality is India and I am affected by retrogression, I am in 8th yr extn. As I understand you , I could do the following :

1> Get EB2 I-140 approved.
2> Use that for H1B extension(big time help)
3> Wait for old case to get approved.
4> Get I-140 for old case.
5> When visa is available, use the PD of old case , 140 of EB2 for applying 485.

Thanks again !

manwithnoname said:
Filing I-140 with the PERM labor certification maybe helpful if you need H-1B extension - an approved I-140 will fetch you 3 years. Secondly, if retrogression is an issue then, you can use the EB2 category for the PERM LC (apart from porting the PD).

In order to port the Priority Date, you have to wait for the PBEC LC followed by the corresponding I-140 (EB3) to approve. Once this stage is done, use the PERM LC / I-140 (EB2) with June 2004 Priority Date to file I-485.

If none of the above conditions are applicable to your case you may simply abandon the Pending LC at PBEC and proceed with the PERM. What's your company Attorney's opinion?
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AJB Job listing

Folks who have passed their recruitment period, Do you still see your job listed on AJB ????. I can still see mine and it shows as modified 4 days before end of recruitment period.
 
Hi,

I am new uses to this group..

Can some one pl guide me to check whether add is been posted for my postion on AJB.

My ETA number is D-05195-XXXXX
PD is June 2004
 
"As of early to mid December 2006, they had just over 142,400 cases pending. When the BPCs were established, they were responsible for processing 340,000 cases. Thus, they have completed over half of the pre-PERM labor certifications.

Of the cases still pending with the BPCs, approximately 59,328 were filed as Reduction in Recruitment (RIR), while just over 85,600 were filed as Traditional Labor Certification (TLC) cases. "

This piece of article gives you some hope but my Non-RIR case has a priority date of Feb 2003. I am assuming all the 85,599 TR cases are before mine.
 
RIR Conversion

I am in the same boat,My employer just applied for the conversion by sending email to DBECand I do not know wheteher that is the right way to do or he is supposed to do something different. He is been giving online ads for the last 10 days in three different web sites but he had just given a print ad on sunday newpaper.But how long we are sopposed to wait or we have to give another print ad. pl. advise

Neeraj
 
Can I still convert to RIR?

Hi guys,

My case transferred to CA region Nov 2003 from AZ state ( I assume it means the recruitment was done before tranfer to region) and then to DBEC.

I got the screenshot as my source is still "state". Asked my attorney to act on and ask DBEC to correct it and so far nothing happened.

I wonder if my case falls through the rocks since many of you are converting into RIR and DBEC will clear those RIRs first and then look at TR cases. And I would like to check if I am still eligible to convert my case to RIR to get another push?

My priority date is May 2002.

Thanks in advance,

GCPuzzles
 
I was almost in the same situation as yours.... from AZ and go to regional office at CA... and stuck on TR... I have done the advertisement before my case approved by state and went to CA...

I don't think we can be of any better than waiting... at least we don't have to do advertisement espcially my wage has been increased by quite an amount.

How did you get a screenshot? for H1B extension? or just get it as you want at any time you concern your situation?

Thanks!


GCpuzzles said:
Hi guys,

My case transferred to CA region Nov 2003 from AZ state ( I assume it means the recruitment was done before tranfer to region) and then to DBEC.

I got the screenshot as my source is still "state". Asked my attorney to act on and ask DBEC to correct it and so far nothing happened.

I wonder if my case falls through the rocks since many of you are converting into RIR and DBEC will clear those RIRs first and then look at TR cases. And I would like to check if I am still eligible to convert my case to RIR to get another push?

My priority date is May 2002.

Thanks in advance,

GCPuzzles
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rvinay said:
My recruitment period expired on 11/27/06 and have not heard anything yet. EB-3/ PD 4/27/01
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Any progress in your case. Mine is just finished my recruitment period expired on 12/31/06
 
Update from im-law

01/02/2007: Follow-Up of Hold Harmless RIR Conversion Opportunity

* As we reported yesterday, the OFLC set a deadline for request for hold harmless conversion at January 20, 2007. This hold harmless conversion timeline appears to be determined within the OFLC's overall plan to issue all the Job Orders for the entire TR cases by April 1, 2007 and finish all the TR recruitment by June 1, 2007. Since the hold harmless conversion recruitment result must be filed by the conversion seekers before April 1, 2007, it is likely that the hold harmless conversion cases will be finished up very quickly after April 1, 2007.
* The timelines also suggest that unless one takes advantage of the hold harmless conversion opportunity by January 20, 2007, any attempt to convert TR to RIR after January 2007 may be practically disappearing as the BECs may start sending out the recruitment instruction letters and job orders probably "en masse" after January 20 and at least until April 1, 2007. Since these cases will be subject to the general guidelines that unless the RIR conversion is filed before the recruitment instructions are received, the RIR conversion will be denied. It is thus obvious that January 20, 2007 may turn out to be a practically deadline or last opportunity to seek the RIR conversion. Remember their policy that they will issue all the job orders for TR cases by April 1, 2007.
* It is thus likely that after January 20, 2007, there will be a lot of activities with the BECs and the decisions of TR cases may start rolling out of the processing pipelines between April and June 2007. Please stay tuned.
 
I'll keep praying for it becomes true. They have been at rest since 12/21 and seem in hibernation.

Days_go_by said:
01/02/2007: Follow-Up of Hold Harmless RIR Conversion Opportunity

* As we reported yesterday, the OFLC set a deadline for request for hold harmless conversion at January 20, 2007. This hold harmless conversion timeline appears to be determined within the OFLC's overall plan to issue all the Job Orders for the entire TR cases by April 1, 2007 and finish all the TR recruitment by June 1, 2007. Since the hold harmless conversion recruitment result must be filed by the conversion seekers before April 1, 2007, it is likely that the hold harmless conversion cases will be finished up very quickly after April 1, 2007.
* The timelines also suggest that unless one takes advantage of the hold harmless conversion opportunity by January 20, 2007, any attempt to convert TR to RIR after January 2007 may be practically disappearing as the BECs may start sending out the recruitment instruction letters and job orders probably "en masse" after January 20 and at least until April 1, 2007. Since these cases will be subject to the general guidelines that unless the RIR conversion is filed before the recruitment instructions are received, the RIR conversion will be denied. It is thus obvious that January 20, 2007 may turn out to be a practically deadline or last opportunity to seek the RIR conversion. Remember their policy that they will issue all the job orders for TR cases by April 1, 2007.
* It is thus likely that after January 20, 2007, there will be a lot of activities with the BECs and the decisions of TR cases may start rolling out of the processing pipelines between April and June 2007. Please stay tuned.
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so_depressed said:
I'll keep praying for it becomes true. They have been at rest since 12/21 and seem in hibernation.
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---
ya, I agree, they need to process almost 50% of the cases in next 9 months.
I don't know how they are going to do it, almost seems to me that they know that they will get an extension but don't want to make it public.
They haven't done any wok for 2 weeks, with so much workload I would have expected them to be working late hours. But this is a govt job, it's not their life.

My New Year Resolution is to get out of this GC mess and quit my job.
 
No progress yet

sks_989 said:
Any progress in your case. Mine is just finished my recruitment period expired on 12/31/06
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My recruitment period expired on 11/30/06 and have not heard anything yet from PBEC. Keeping my fingers crossed.
 
rvinay said:
My recruitment period expired on 11/30/06 and have not heard anything yet from PBEC. Keeping my fingers crossed.
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Mine expired on 12/31/2006. Did your lawyer send the recruitment report to BEC? Did you receive any instructions regarding the preparation of the recruitment report from BEC?
 
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