Non RIR Discussion Only !

Check.

Your Attorney needs to make sure that the job description, experience, employers info etc matches with the old LC application. If there is any slightest of difference, USCIS will not allow you to use the old LC's PD.

I'm afraid, not many people are aware of this and because of that they are going for PERM. Attorney's are just there to make money and extend H1-B's for years to come :-(

Regards.

Gogol75 said:
I just spoke to my attorney and he said that I can use the PD from my previous I-140 approval. That PD is June 2000 (and not April 2000 like I mentioned in my previous post).

Here's what I might do:

1. File a new PERM application.
2. Continue with the currently pending labor (EB3, TR, California, PD: December 2001).

3. Whichever approval comes first (out of 1 and 2 above), I can then use my June 2000 PD based on previous I-140 approval.

The attorney is hopeful that by the time my labor is approved, my June 2000 PD would become current.

I'm hopeful again.
Click to expand...
 
Hello Everyone,

As WhatALabor said we need to keep this thread alive.

Is there anyone whose PD is in April 2002,EB3 TR CA?

No 45 days letter yet. :mad:
 
life_w/o_gc said:
Hello Everyone,

As WhatALabor said we need to keep this thread alive.

Is there anyone whose PD is in April 2002,EB3 TR CA?

No 45 days letter yet. :mad:
Click to expand...
Please checkout this link

http://www.immigrationportal.com/showpost.php?p=1283614&postcount=8511

, But I have a hard time believing tat this is a Non-RIR Case because, The BEC's repeatedly made it clear that They would be working on the Regional cases first, before the supervised recruiting. So I personally think that the approval TR_2002_APR talking about is an RIR and not TR, I think it is Too farfetched.

Regards
 
What happened to DOL's FIFO Claims????

Guys,

I am in the same boat as you guys. Case was filed in April 2003, VA-SWA, never made it to regional.

As per DOL claims, shouldn't they follow FIFO in terms of have more resources diverted to NON-RIR to balance the queue with RIR. From what I am hearing, RIR has almost reached 2002-2003. while old/old/old NON-RIR cases have not even been touched for recruitment etc. This is totally unfair.

Did anyone here try and raise this issue by sending email/fax/mail to any senator/DOL officials? It seems like we need to bring this to everyone's attention.
 
TR and RIR queues operates differently

fastergcwanted said:
Guys,

I am in the same boat as you guys. Case was filed in April 2003, VA-SWA, never made it to regional.

As per DOL claims, shouldn't they follow FIFO in terms of have more resources diverted to NON-RIR to balance the queue with RIR. From what I am hearing, RIR has almost reached 2002-2003. while old/old/old NON-RIR cases have not even been touched for recruitment etc. This is totally unfair.

Did anyone here try and raise this issue by sending email/fax/mail to any senator/DOL officials? It seems like we need to bring this to everyone's attention.
Click to expand...

The DOL website clealy states that there is no issue of "balanace" between RIR and non RIR case, both queues are seperate and operates under different methods. Traditional process(TR) is naturally slow compared to RIR. we are the unlucky ones...... Please check out the DOl foreign labor certification FAQ
 
DeCgC_007 said:
Your Attorney needs to make sure that the job description, experience, employers info etc matches with the old LC application. If there is any slightest of difference, USCIS will not allow you to use the old LC's PD.

I'm afraid, not many people are aware of this and because of that they are going for PERM. Attorney's are just there to make money and extend H1-B's for years to come :-(

Regards.
Click to expand...

DeCgC_007: Are you sure about what you said? I think you misunderstood my case.

Here is my case:
1. My labor and I-140 were both approved in 2001. PD for that labor was June 2000.
2. In 2001, I joined another company and they filed my labor (PD: December 2001) which is still pending at DBEC.
3. Now let's say I file my labor through PERM (with say PD: December 2005), and that gets approved in, say, March 2006.

What happens in my case then?

My understanding is that when I'm filing my I-485, at that point of time I can recapture my PD of June 2000 (because that was my own approved I-140 although for a different company). The attorney concurs with this understanding.

So the question of "job description, experience, employers info etc matches with the old LC application" does not arise. Remember I'm NOT trying to convert my pending labor application into PERM. It's a new PERM application.

Please correct me if I'm wrong.

Thanks
 
Last edited by a moderator:
You are correct...except

WhatALabor said:
The DOL website clealy states that there is no issue of "balanace" between RIR and non RIR case, both queues are seperate and operates under different methods. Traditional process(TR) is naturally slow compared to RIR. we are the unlucky ones...... Please check out the DOl foreign labor certification FAQ
Click to expand...

You are correct in that, that's how it's always been. RIR has been ahead of Regular when State/Fedreal where separate stages. But, if you look at DOL updates on BEC, they have commented that they will follow FIFO even between RIR and Regular. There were also some comments from DOL sources in this forum that Regular cases would be devoted about 80% of staff given the case load to make sure the process is fair.

Review 'Processing Cases by First-In / First-Out (FIFO)' section from Murthy website: http://www.murthy.com/news/n_dolpro.html

I think because there are very few active people like us with Regular cases, it has not gotten enough attention at DOL. Also, because many of the regular cases were also filed by illegals using AC21, there may not be much interest in starting their processing, which effectively impact other cases too like us!!!
 
You have some company!

PD: 02/13/2003
RD: Never Made it
45 Day letter: Not received
from CA
EB3

Did anyone from year 2002 (California) recieved 45 days letter?


mamalabor said:
TR
PD: 03/03/2003
RD: Never Made it
45 Day letter: Not received
from CA
Not sure EB2 or EB3
Click to expand...
 
you all have my support

hi WhatALabor and everyone in TR track:

i know what you guys are going through. just wanted to come back this thread to let you know that i care. i got my labor this month but because of the visa retro i can't file 485.

btw, my suggestion for those with PD 2001 friends, i think you all should read the 140 forum(especially the thread hosted by gp111) and prepare the documents for 140 and 485 first. it took me 3 weeks to prepare everything.

let's keep this thread alive!! :)

-shagua
 
Last edited by a moderator:
shagua said:
hi WhatALabor and everyone in TR track:

i know what you guys are going through. just wanted to come back this thread to let you know that i care. i got my labor this month but because of the visa retro i can't file 485.

btw, my suggestion for those with PD 2001 friends, i think you all should read the 140 forum(especially the thread hosted by gp111) and prepare the documents for 140 and 485 first. it took me 3 weeks to prepare everything.

let's keep this thread alive!! :)

-shagua
Click to expand...

Hi shagua

Thanks for posting that. i am still waiting here!!!!.

Regards
 
shagua said:
btw, my suggestion for those with PD 2001 friends, i think you all should read the 140 forum(especially the thread hosted by gp111) and prepare the documents for 140 and 485 first. it took me 3 weeks to prepare everything.
-shagua
Click to expand...

Shagua,

Could you please post a link to that thread?

Thanks
 
how remanded cases will be handled

--------------------------------------------------------------------------------

Based on the criteria for remanding cases due to job market being not good during the time of adjudication of 2003 period some of the LCs with a level of RIR requirment criteria of just M.S or less than B.S +3yrs got remanded.

Now in this adjudication period of 2005-2006 where the job market is good such that similar criteria of RIR LC is getting approved as we are seeing in BEC, will our remanded LC (previously RIR) be treated again as RIR or in anyway be processed without request for adv or recruitment. seems logical to assume it should be again processed without adv or recruitment like RIR since the same application if processed now will definitely be processed as RIR.

If anybody with any further that 45 DL have received any response please give us some info or if somebody's lawyers have some definite or approx approach please post some info. Thanks in advance.
 
Reg: SWA case: 45-day ltr recd.

Recd info fm my attorney's office that they had recd & replied to my 45-day ltr in Oct-05.
rgds,
LFGC
CO-Reg-EB3-Mar2002-DBPC-Dec2004-45 day ltr-Oct2005
 
Interpret this please

Gurus,

Can you please help me to interpret this?

I communicated to H1B7YR@PHI.DFLC.US one month back from now and again I communicated within last 3 days asking for 'Request to verify that my Alien Labor Certification application is pending more than 365 days for 7th year onward extension'. Both replied have differed for 2 fields. 1) Cast status: during first communication it mentioned 'Incomplete' and during recent communication there was no field named 'Case Status'. 2) Case receive date: During first communication, they mentioned the date here which is exactly similar as my 'priority date' but this time this field exists in the reply but there is no date data.

Note: 'Case Source' shows 'State' and 'Processing Type' shows 'TR'

Other fields and data contained within them remain the same for both communication.

- Bharat Premi
EB3-NON RIR
PD: July 2003
State: MA
 
lfgc said:
Recd info fm my attorney's office that they had recd & replied to my 45-day ltr in Oct-05.
rgds,
LFGC
CO-Reg-EB3-Mar2002-DBPC-Dec2004-45 day ltr-Oct2005
Click to expand...

Hi lfgc,

SWA case means never made it to regional?
CO-Reg means made it to regional?

:confused:

Could you please clarify?
 
life_w/o_gc said:
Hi lfgc,

SWA case means never made it to regional?
CO-Reg means made it to regional?

:confused:

Could you please clarify?
Click to expand...

Hi

I thought
CO means State of Colarado
and Reg means Regular Case

At least I think.....
Regards
 
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