Non RIR Discussion Only !

[NJ-TR]

TR to RIR conversion

Hello folks,
Here is our company lawyers take on the conversion issue specific to my situation (PD march 2003, on 9th year of H1).

"We have carefully analyzed whether or not it would be beneficial to convert your "traditional" labor certification application to an "RIR" application. We've considered the implications from a strategic stand-point, taking into account
the likelihood of a successful RIR labor market test, the impact on adjudication times, the movement of priority dates, and the like. We have concluded that the potential positive impact of such a conversion (which supposedly would be an earlier adjudication) would be outweighed by several other negative factors, including the risk that a true RIR labor market test (which is different from a PERM labor market test) would be unsuccessful considering our company's corporate structure, as well as current environment. Given that the benefit of such a conversion would likely only
be a somewhat earlier adjudication (the RIR labor market test would take a few months to complete anyway), the substantial risk of a failed labor market test certainly outweighs the negligible benefit. DOL has advised that, regardless of whether or not a labor certification application is converted to RIR, all pending applications at the backlog reduction center should be adjudicated by next September. At this point, you will be better served by standing by your traditional labor certification application."

 

[BarneySha]

NJ-TR - question for u?

Hi all,
First timer here.
Came across the following ads in ajb ...
http://www.jobsearch.org/seeker/job...Search_JobId=34895557&JobSearchType=JobSearch

which kinda gives you an impression that they have given out recruitment instructions to Feb/March 2003 cases.........

what was teh search criteria you used on AJB.org
i am unable to bring up these ads when i do a keyword search for P-05*


TIA

 

[epidural]

Just 10 Days of ADVT

I got a call from my attorney today and he said he received a letter from PBEC about my advertising instructions. In the letter PBEC mention to complete my recruitment by Oct 27th. The detail instructions for advertisement are mention in the letter. I ask him to fax me the letter which he is going to do tomorrow. My PD is March,2003. EB3/Non-RIR from MD.

I just did the search for the ad on America's Job Bank for my PD and PBEC did place the ad for my position.

bidme_786,
Did u manage to get the fax from your lawyer. So as per your post the recruitment has to be finished by Oct 27th thats just 10 days . Well i dont mind that if that is true, that will make it faster to clear cases

 

[NJ-TR]

Barney,
Searched with P-0514* , for 'Entire United States.

 

[GCkiTalash]

Check AJB Daily and start RIR conversion process as well

I think that we should do everything to get our TR case converted to RIR. We can use the AutoPost website http://www.io.com/~jsm/autopost/ to put in the link for our case number at AJB that we can check every morning. As soon as we see our job order being posted at AJB we can alert our employer/attorney to stop the process and wait for the recruitment instructions. If our conversion efforts are done before DOL puts in the job order then shoot them right to DOL and enjoy the benefits of RIR.

What do you guys think?

 

[gc_maze]

Guys,

PBEC finished data entry first, whereas DBEC insisted on blindly approving RIR. PBEC finished data entry about 6-8 months before DBEC. So, PBEC is by now done with all 245i cases ads, so it has reached sending recruiting instructions for bidme_786. Whereas DBEC is starting sending instructions just now...

This is unbelievable!!!!!!!!!! How come they still do this after all applications are in their darn system already!!!! I mean, good for you, but we have PD of 2001 and early 2002! Gosh, I hate DOL, I hate DOL, ................

 

[epidural]

Guys,

PBEC finished data entry first, whereas DBEC insisted on blindly approving RIR. PBEC finished data entry about 6-8 months before DBEC. So, PBEC is by now done with all 245i cases ads, so it has reached sending recruiting instructions for bidme_786. Whereas DBEC is starting sending instructions just now...

gc_maze,
I hear what you are saying. But this has nothing to do with PBEC or DBEC, this is all about the big mess called BACKLOG ENHANCING CENTERS. FYI PBEC is not done with 245i cases. There are couple of people including me who are tagged with this 245i cases and we are still present here in this dark hole. Sincerly i feel happy for everybody who manages to get out of this irrespective of thier BECs or priority date, no one should suffer in this hole INMHO.

 

[gc_maze]

Thanks, Epidural !

So, that means even getting recruiting instructions is again by a lottery run by BECs...

gc_maze,
I hear what you are saying. But this has nothing to do with PBEC or DBEC, this is all about the big mess called BACKLOG ENHANCING CENTERS. FYI PBEC is not done with 245i cases. There are couple of people including me who are tagged with this 245i cases and we are still present here in this dark hole. Sincerly i feel happy for everybody who manages to get out of this irrespective of thier BECs or priority date, no one should suffer in this hole INMHO.

 

[indianpresent]

AJB posting search

Steps :

1: Go to www.indeed.com
2: What : "backlog elimination center"
3: Where : "MA"

Search. This will show you all postings from AJB. You also can create an alert to your email when a new one is posted.

 

[vexlak]

Guys,

PBEC finished data entry first, whereas DBEC insisted on blindly approving RIR. PBEC finished data entry about 6-8 months before DBEC. So, PBEC is by now done with all 245i cases ads, so it has reached sending recruiting instructions for bidme_786. Whereas DBEC is starting sending instructions just now...

I am sorry but I do not understand what you are writing. First, the 245i cases are not completed by PBEC There was a post few weeks ago showing that there are over 100 000 TR cases waiting for processing. Granted, those may be mainly NY, NJ, MA, FL states with high concentration of 245i applicants. So if you consider 200 working days before September 7/07, they would have to process around 500 TR cases per day. I am highly skeptical that they are capable to accomplish that with the TR cases. That is why they offered the conversion. However, please keep in mind, that if you are EB3 and your PD date is not current (i140), why convert. You will not gain anything. EB2 however is mostly current (also check your country of origin) and if certified you may apply for i140 right after certification. That is perhaps why some attorneys do not see any benefit to convert. The biggest unjust would be if you spend all the money and effort on conversion and then they would simply send you recruitment and the RIR would be useless. The FIFO in non existent.

 

[gc_maze]

Vexlak,
I was trying to find some logic as to why bidme got recuitment instructions. Yes, it is now clear to me that they are not done with 245i cases. If we use indeed.com link and search for TX, we see one 245i AD posted 10 days back..D -05012....
I f the instructions they are sending is for 10 days ad only, then why take risk of converting ?...remember RIR can be easily denied...

I am sorry but I do not understand what you are writing. First, the 245i cases are not completed by PBEC There was a post few weeks ago showing that there are over 100 000 TR cases waiting for processing. Granted, those may be mainly NY, NJ, MA, FL states with high concentration of 245i applicants. So if you consider 200 working days before September 7/07, they would have to process around 500 TR cases per day. I am highly skeptical that they are capable to accomplish that with the TR cases. That is why they offered the conversion. However, please keep in mind, that if you are EB3 and your PD date is not current (i140), why convert. You will not gain anything. EB2 however is mostly current (also check your country of origin) and if certified you may apply for i140 right after certification. That is perhaps why some attorneys do not see any benefit to convert. The biggest unjust would be if you spend all the money and effort on conversion and then they would simply send you recruitment and the RIR would be useless. The FIFO in non existent.

 

[mikeliu88]

Many Many TR Ads on AJB

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.

 

[so_depressed]

Is this meant just for NJ? I wonder why my April 2002 TR did not get anything yet? By the way I'm in freaking Utah.

Hi all,
First timer here.
Came across the following ads in ajb ...
http://www.jobsearch.org/seeker/job...Search_JobId=34895557&JobSearchType=JobSearch
http://www.jobsearch.org/seeker/job...Search_JobId=34753915&JobSearchType=JobSearch
http://www.jobsearch.org/seeker/job...Search_JobId=34789329&JobSearchType=JobSearch
http://www.jobsearch.org/seeker/job...Search_JobId=34674136&JobSearchType=JobSearch
http://www.jobsearch.org/seeker/job...Search_JobId=34558181&JobSearchType=JobSearch
http://www.jobsearch.org/seeker/job...Search_JobId=34557499&JobSearchType=JobSearch
http://www.jobsearch.org/seeker/job...Search_JobId=34256057&JobSearchType=JobSearch
http://www.jobsearch.org/seeker/job...Search_JobId=34019123&JobSearchType=JobSearch
http://www.jobsearch.org/seeker/job...Search_JobId=32505974&JobSearchType=JobSearch

which kinda gives you an impression that they have given out recruitment instructions to Feb/March 2003 cases.........

 

[vexlak]

I f the instructions they are sending is for 10 days ad only, then why take risk of converting ?...remember RIR can be easily denied...

You have a valid point. However, we have not seen it in a document yet. Whoever got it, PLEASE DO NOT DELAY TO GIVE US A FEEDBACK.
I agree that if it takes only 10 days, then it is a waist of time $$ and energy to convert. However, I am also suspecting that they pick and choose at the P&DEC. In other words, recently certified RIR cases matching the position in TR may be given 10 days, because they know that that profession is hard to find. Again, you may not see great benefit converting if your PD is not current. However in my case it makes sense.
>...remember RIR can be easily denied< You can always then get the 10 days as described before... jut a comment

 

[epidural]

WHERE R U bidme_786 ????

I got a call from my attorney today and he said he received a letter from PBEC about my advertising instructions. In the letter PBEC mention to complete my recruitment by Oct 27th. The detail instructions for advertisement are mention in the letter. I ask him to fax me the letter which he is going to do tomorrow. My PD is March,2003. EB3/Non-RIR from MD.

I just did the search for the ad on America's Job Bank for my PD and PBEC did place the ad for my position.

bidme_786 did u get the recuritment instructions from your lawyer yet. Man this BECs are contagious. Talking about response time

 

[bidme_786]

bidme_786 did u get the recuritment instructions from your lawyer yet. Man this BECs are contagious. Talking about response time

The lawyer did not fax me yet. I call but could not get hold of him. I know everyone is interested to know about the recruitment instructions. I will post here as soon as I get it from my lawyer.

One more thing, today I requested PBEC for the screenshot of my case status and when I received all the fields were filled (Occupation Title, Occupation Code, Prevailing Wage…). This was not the case last week.

So this is one sign as soon as the fields are filled one can expect the recruitment instructions anytime.

 

[bharatpremi]

You have a valid point. However, we have not seen it in a document yet. Whoever got it, PLEASE DO NOT DELAY TO GIVE US A FEEDBACK.
I agree that if it takes only 10 days, then it is a waist of time $$ and energy to convert. However, I am also suspecting that they pick and choose at the P&DEC. In other words, recently certified RIR cases matching the position in TR may be given 10 days, because they know that that profession is hard to find. Again, you may not see great benefit converting if your PD is not current. However in my case it makes sense.
>...remember RIR can be easily denied< You can always then get the 10 days as described before... jut a comment

Guys,

In any case recruitment efforts and to reach the conclusion ("Results") for NON-RIR always take a lot longer than RIR. So bottom line end-result of RIR will have to be faster and is faster with comparision to NON-RIR..

 

[bharatpremi]

Vexlak,
I was trying to find some logic as to why bidme got recuitment instructions. Yes, it is now clear to me that they are not done with 245i cases. If we use indeed.com link and search for TX, we see one 245i AD posted 10 days back..D -05012....
I f the instructions they are sending is for 10 days ad only, then why take risk of converting ?...remember RIR can be easily denied...

It is a misunderstanding that RIR can easily be denied. If your company has layoff history within last 6 months and/or not "proper supportive documentation" then yes you are right otherwise not.

 

[ma_nonrir_eb3]

Hello folks,
Here is our company lawyers take on the conversion issue specific to my situation (PD march 2003, on 9th year of H1).

"We have carefully analyzed whether or not it would be beneficial to convert your "traditional" labor certification application to an "RIR" application. We've considered the implications from a strategic stand-point, taking into account
the likelihood of a successful RIR labor market test, the impact on adjudication times, the movement of priority dates, and the like. We have concluded that the potential positive impact of such a conversion (which supposedly would be an earlier adjudication) would be outweighed by several other negative factors, including the risk that a true RIR labor market test (which is different from a PERM labor market test) would be unsuccessful considering our company's corporate structure, as well as current environment. Given that the benefit of such a conversion would likely only
be a somewhat earlier adjudication (the RIR labor market test would take a few months to complete anyway), the substantial risk of a failed labor market test certainly outweighs the negligible benefit. DOL has advised that, regardless of whether or not a labor certification application is converted to RIR, all pending applications at the backlog reduction center should be adjudicated by next September. At this point, you will be better served by standing by your traditional labor certification application."

I wonder if AILA sent this packaged response to all its member lawyers to give to clients harping on the RIR conversion option, because my lawyer sent me the exact response!

 

[vikramsh]

Question: What if your company has layoffs after your case has been converted to RIR and while it is pending processing in the RIR queue?
Does it go back to TR or does the case get tossed out completely, priority date and everything?