Non RIR Discussion Only !

[goodphysq]

Hi guys,

Online status for our(my husband) case is showing up "CERTIFIED" today. After long wait, exactly 5 years 6 month, we got this.

Here is the information of our case.

Case Type: RIR to NON-RIR
PD: June 7, 2001
Remanded to State: 2002
BEC 45-DL Received/Replied : Oct 2005
Case #: D-05132-09*** ;
State : California;
Online Case Status on 11/06/06: In Process;
Online Case Status on 11/07/06: CERTIFIED[/QUO

Congrats!!!! This is what many of us (auto-remanded cases) are waiting for

Did you convert to RIR before the approval or any conact from lawer to BRC on your husband case before the approval?

Please let us know....Thanx

http://boards.immigrationportal.com/showpost.php?p=1053667&postcount=1

 

[asdcrajnet]

My RIR Conversion

I work for a big sw company. This is the response I got from my immigration regarding the RIR conversion:

"We are currently running ads in local newspaper and the internet. We are receiving resumes and working with the managers on this. We expect to have this step completed within the next 2 to 3 months."

I dont have any other details. Hope there is no one qualified for my job

As it is a big company, they don't give me all the information

 

[ma_nonrir_eb3]

I work for a big sw company. This is the response I got from my immigration regarding the RIR conversion:

"We are currently running ads in local newspaper and the internet. We are receiving resumes and working with the managers on this. We expect to have this step completed within the next 2 to 3 months."

I dont have any other details. Hope there is no one qualified for my job

As it is a big company, they don't give me all the information

I doubt if your case is eligible for RIR-conversion, since you already seem to have gone through SWA supervised recruitment at the State level.

 

[indianpresent]

Multiple filing, case withdrawal

It seems that this is happening if the job, employer, beneficiary are same. Any one came across cases where , If someone has a pending EB3 and applies for a new EB2 with different job requirement(same employer and beneficiary), EB3 is getting withdrawn ?


from immigration-law.com :

"There are growing number of reports that the BEC was sending out a "withdrawal" notice to the employer if the same employer filed a PERM application for the same job and the same alien "if" prior old priority date labor certification is pending at the BEC for the same employer for the same employee and for the same job. This withdrawal notice was sent out even if the employer did not request "retention of priority date of previous application" in the PERM application. Should this happen, the consequences will be so fatal and devastating if the BEC case has a very old priority date, the readers are cautioned to take this posting as an important alert. Reportedly this practice of the BECs loomed up only very lately."

 

[sachv_]

I work for a big sw company. This is the response I got from my immigration regarding the RIR conversion:

"We are currently running ads in local newspaper and the internet. We are receiving resumes and working with the managers on this. We expect to have this step completed within the next 2 to 3 months."

I dont have any other details. Hope there is no one qualified for my job

As it is a big company, they don't give me all the information

they shouldn't...the recruitment process should not be influenced in anyway by the candidate for whom the green card is being processed...

My company has also started work on putting up ads...they say it will take them 3-4 months to complete the whole process and file for conversion....
is that the norm of can it be done in shorter time frame??

 

[gptexan]

wihdrawn

It seems that this is happening if the job, employer, beneficiary are same. Any one came across cases where , If someone has a pending EB3 and applies for a new EB2 with different job requirement(same employer and beneficiary), EB3 is getting withdrawn ?


from immigration-law.com :

"There are growing number of reports that the BEC was sending out a "withdrawal" notice to the employer if the same employer filed a PERM application for the same job and the same alien "if" prior old priority date labor certification is pending at the BEC for the same employer for the same employee and for the same job. This withdrawal notice was sent out even if the employer did not request "retention of priority date of previous application" in the PERM application. Should this happen, the consequences will be so fatal and devastating if the BEC case has a very old priority date, the readers are cautioned to take this posting as an important alert. Reportedly this practice of the BECs loomed up only very lately."

I am on the same boat. I had my lawyer put on HOLD my case for EB2 since my EB3 is pending with DBEC. I was planning to apply EB2 with another employer.

 

[pdjune2001]

Congrats

I have an exactly similar case .
1. Was your auto-remanded or employer-remanded
2. Did you apply rir-conversion for your case recently or ever ?
Thanks

Hi guys,

Online status for our(my husband) case is showing up "CERTIFIED" today. After long wait, exactly 5 years 6 month, we got this.

Here is the information of our case.

Case Type: RIR to NON-RIR
PD: June 7, 2001
Remanded to State: 2002
BEC 45-DL Received/Replied : Oct 2005
Case #: D-05132-09*** ;
State : California;
Online Case Status on 11/06/06: In Process;
Online Case Status on 11/07/06: CERTIFIED

 

[dianasteve]

Number of cases.

Here is an OLD response from EDD in 2004 when I inquired about the status of my case. Please note the number of cases. This is not current news!!! I am posting this for information only... if it helps.*************************************************
From: XXXXXXXXX@EDD [mailto:XXXXXXXX@edd.ca.gov]
Sent: Wednesday, March 03, 2004 8:36 AM
To: XXXXXX
Subject: RE: Pre-assement letter

I wish I had better news for you but unfortunately I don't. We are currently working regular cases with a priority date of 4/26/2001. However, there are over 27,000 applications between that date and 4/30/2001 alone. At the current production rate, it will be several years before your case is processed. Your employer could do the recruitment and then file an RIR case and withdraw the regular case you have on file. The RIR queue has about a 10-month backlog so even with a later priority date it would be much faster than leaving your regular case where it is. That is about the only thing I can suggest. I am not sure what the occupation is and RIR cannot be used for every occupation so my suggestion would be contingent on DOL allowing RIR for your particular occupation. If your employer is interested in doing this, they can give me a call at 916 464-3470 or email me at the FLCOWEB address.
****************************************

 

[Kalachandu]

state remanded

My husband case was state- remanded.

Did you convert to RIR before the approval or any conact from lawer to BRC on your husband case before the approval?

No, but my husband was planning to convert to RIR.

Did your husband's company received recruitment instructions.

No

 

[davidkimus]

Please let me know

Are you sure your husband's case is auto-remanded , not employer's remanded ?

I never heard that auto-remaneded case was certified .

Anyway Congraturate your approval!!!!

My husband case was state- remanded.

Did you convert to RIR before the approval or any conact from lawer to BRC on your husband case before the approval?

No, but my husband was planning to convert to RIR.

Did your husband's company received recruitment instructions.

No

 

[so_depressed]

I think it helps

This definitely helps and the number seems match what we have heard from DOL in Sep. that there are about 175000 cases left. So if we assume these 27000 cases evenly distributed in P and D then P has about 7000 that have not bee posted (They have posted around 6000 I think?), and D may have well over 10000. I'm hoping it has about 10000 245 i. At current pace (250 a day) it would take 40 working days to post all of them. Then hopefully they will begin post our after April 30 , 2001 cases. That's two months away. Let's hope.

Here is an OLD response from EDD in 2004 when I inquired about the status of my case. Please note the number of cases. This is not current news!!! I am posting this for information only... if it helps.*************************************************
From: XXXXXXXXX@EDD [mailto:XXXXXXXX@edd.ca.gov]
Sent: Wednesday, March 03, 2004 8:36 AM
To: XXXXXX
Subject: RE: Pre-assement letter

I wish I had better news for you but unfortunately I don't. We are currently working regular cases with a priority date of 4/26/2001. However, there are over 27,000 applications between that date and 4/30/2001 alone. At the current production rate, it will be several years before your case is processed. Your employer could do the recruitment and then file an RIR case and withdraw the regular case you have on file. The RIR queue has about a 10-month backlog so even with a later priority date it would be much faster than leaving your regular case where it is. That is about the only thing I can suggest. I am not sure what the occupation is and RIR cannot be used for every occupation so my suggestion would be contingent on DOL allowing RIR for your particular occupation. If your employer is interested in doing this, they can give me a call at 916 464-3470 or email me at the FLCOWEB address.
****************************************

 

[txtramdream]

245i cases in Texas

As far as I know before Texas WC sent the files to Enterject, and then to DBEC, there were around 5600 cases filed before and on April 30, 2001. And there were around TR 6000 cases filed to TWC after April 30, 2001 in Texas.

http://www.murthy.com/news/n_twcout.html

Could anyone post info regarding how many 245i cases out there in BECs? I kind of recall seeing one but not sure now. DBEC posted average about 200 ads in AJB so I'm thinking if we find the total number of 245i cases we could have a rough estimate how long it will take for DBEC to pass April.30 2001 and get to our cases.

Thanks.

 

[Hangin2001]

indianpresent,

I do have a PERM case approved (PD Jan 2006). However, my TR case was filed with the same company but for a different position (PD Nov 2001). It will be a mess if my case is really withdrawn and I am not able to re-open it. Meanwhile, my lawyer is trying to contact DBEC and find out the reasons.

Everyone, please keep us (unfortunate ones) posted regarding this. Also let us know if your status went back from "Withdrawn" to "In Process" or "Data Review".

Thanks

It seems that this is happening if the job, employer, beneficiary are same. Any one came across cases where , If someone has a pending EB3 and applies for a new EB2 with different job requirement(same employer and beneficiary), EB3 is getting withdrawn ?


from immigration-law.com :

"There are growing number of reports that the BEC was sending out a "withdrawal" notice to the employer if the same employer filed a PERM application for the same job and the same alien "if" prior old priority date labor certification is pending at the BEC for the same employer for the same employee and for the same job. This withdrawal notice was sent out even if the employer did not request "retention of priority date of previous application" in the PERM application. Should this happen, the consequences will be so fatal and devastating if the BEC case has a very old priority date, the readers are cautioned to take this posting as an important alert. Reportedly this practice of the BECs loomed up only very lately."

 

[so_depressed]

From the ads in AJB we can see that TX has the second most ads after CA. Seems about more than 80% are from CA, darn it.

Hopefully this posting trend keeps going. DBEC posted 360 plus ads yesterday. Today 164 posted so far.

As far as I know before Texas WC sent the files to Enterject, and then to DBEC, there were around 5600 cases filed before and on April 30, 2001. And there were around TR 6000 cases filed to TWC after April 30, 2001 in Texas.

http://www.murthy.com/news/n_twcout.html

 

[shanpai]

Job ad is half the battle

Guys,
I have been following a few TR cases for which advertizements were posted on the AJB website. From these advertizments I was able to note their P-051xxx numbers. I use these P-05xxx numbers to check their status on pds.pbls.doleta.gov almost everyday. The oldest job ad I have is dated 9/22/2006. Today, its been over 1.5 month and this case still shows "In process". So do the other cases I have been following. Looks like job ad for your position on ajb.com is just half the battle. After that it does take couple of months before your case is certified. Any idea how long ? Another reason why the DOL target of clearing all cases by 9/2007 seems unrealistic.

 

[epidural]

Recruitment instructions received.

I got an email from lawyer suggesting they have received recruitment instructions for my case. Here is a brief summary.
1] Recruitment period starts at a specified date and ends at the specified date.
2] Will have to Advt 3 consecutive days of which atleast one should be sunday within recruitment period.
3] Will have to post the AD in office for 10 days.
4] Resumes go to PBEC. They will forward any replies within two weeks after recruitment period ends.
5] Have offered to change the salary paid. If not provide credible salary survey to rebut. Can be sent with recruitment report.
6] Will get a instructions on submitting recruitment report when recruitment period ends.

Phew.... So basically they give 15 days before recruitment period start. The recruitment period is 30 days. Then 2 weeks after that they will forward the replies if any or send instructions for recruitment report. Minimum 2 months process ( it will be January 07 for me.). Well at least it has started for me. Will keep you all posted. Just posted this so that you folks can deduce your own interpretations or guesstimates. But as far as i think RIR conversion is still the way to go for people who have latter priority dates IMHO.

 

[sachv_]

best of luck....

I got an email from lawyer suggesting they have received recruitment instructions for my case. Here is a brief summary.
1] Recruitment period starts at a specified date and ends at the specified date.
2] Will have to Advt 3 consecutive days of which atleast one should be sunday within recruitment period.
3] Will have to post the AD in office for 10 days.
4] Resumes go to PBEC. They will forward any replies within two weeks after recruitment period ends.
5] Have offered to change the salary paid. If not provide credible salary survey to rebut. Can be sent with recruitment report.
6] Will get a instructions on submitting recruitment report when recruitment period ends.

Phew.... So basically they give 15 days before recruitment period start. The recruitment period is 30 days. Then 2 weeks after that they will forward the replies if any or send instructions for recruitment report. Minimum 2 months process ( it will be January 07 for me.). Well at least it has started for me. Will keep you all posted. Just posted this so that you folks can deduce your own interpretations or guesstimates. But as far as i think RIR conversion is still the way to go for people who have latter priority dates IMHO.

 

[Waitingfor4+yrs]

sooo ..

I got an email from lawyer suggesting they have received recruitment instructions for my case. Here is a brief summary.
1] Recruitment period starts at a specified date and ends at the specified date.
2] Will have to Advt 3 consecutive days of which atleast one should be sunday within recruitment period.
3] Will have to post the AD in office for 10 days.
4] Resumes go to PBEC. They will forward any replies within two weeks after recruitment period ends.
5] Have offered to change the salary paid. If not provide credible salary survey to rebut. Can be sent with recruitment report.
6] Will get a instructions on submitting recruitment report when recruitment period ends.

Phew.... So basically they give 15 days before recruitment period start. The recruitment period is 30 days. Then 2 weeks after that they will forward the replies if any or send instructions for recruitment report. Minimum 2 months process ( it will be January 07 for me.). Well at least it has started for me. Will keep you all posted. Just posted this so that you folks can deduce your own interpretations or guesstimates. But as far as i think RIR conversion is still the way to go for people who have latter priority dates IMHO.

hey how you doing? so ppl whose cases are NON-RIR, will ALL receive recruitment instructions? what kind of crap is this?

 

[epidural]

best of luck....

Thanks sachv will need lots of it.

 

[epidural]

hey how you doing? so ppl whose cases are NON-RIR, will ALL receive recruitment instructions? what kind of crap is this?

Waitingfor4+yrs you have to go thru this no matter what, unless recuritment was done for you before your case landed at BEC's. Thats why i said it is a better proposition to convert to RIR since you don't have to wait till they tell you what to do. I hope you were not under the impression that they will just approve your application like that without recruitment.