Non RIR Discussion Only !

Can company withdraw GC application after I-140 is approved?

gcwhenever said:
Hi Taurean,

I am in the same situation, my company and lawyer try to prolong this as much as they can. If it makes you feel any better, my LC which was filed in Dec 2004, is still not converted to RIR, they will wait till the last date of Jan 20. Then they will start the recruitment, then wait for one month to convert, and then PBEC at some point will change my status to In Process.

At least you are at the I-140 stage. You have a big advantage, if you process I-140 premium process and get it approved in 2 weeks, you can threaten to move on unless they keep the 2001 case open, esp if you have another prospective job offer in hand.

I am at a point where I might get an offer from a company who will file perm before I begin (I'm already on 8th yr H-1b), and if they do I will file I-140 premium processing, and screw the PD and move on.
For 2 years I thought I want to preserve the PD, so stayed with this employer, no promotions, etc.
Now I am going to live my life, and hell with this gc priority date.

Hopefully if new laws pass soon it will not be too much of a problem having a late PD, since the new visa allocations should be able to accommodate 75% of gcs under process as of now.

I recently let my employers know that their attorney (not them) is incompetent, and since I could not afford to take a chance with something as important as gc, I would be happy to help them find a replacement for me and train them, and we could cooperatively reach a decision where I would move on.
Of course I did this at a time when they really needed me for a new project.

Their attitude has changed since now they see I am not totally helpless. I also mentioned my Congressman's office was helping me.
I think as someone mentioned you should never show them you are helpless and totally dependent on them.

wait for I-140 approval. Then they cant touch you, and you can negotiate that they dont close the 2001 case, otherwise you move on.
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Is it possible for your employer to withdraw your GC application after I-140 is approved? If you threaten to leave after getting 3 yr H-1B extension, can they cancel your GC application making your I-140 invalid?
 
vsaminat said:
Is it possible for your employer to withdraw your GC application after I-140 is approved? If you threaten to leave after getting 3 yr H-1B extension, can they cancel your GC application making your I-140 invalid?
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I have read elsewhere in this forum that if you have your I-140 approval on hand (which companies usually don't part with) you are at liberty to leave, if you find another employer willing to start the process over to port the PD eventually.
 
gcez said:
I have read elsewhere in this forum that if you have your I-140 approval on hand (which companies usually don't part with) you are at liberty to leave, if you find another employer willing to start the process over to port the PD eventually.
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Is the physical I-140 paper approval notice required if one intends to port the I-140 PD to another I-140? Like you said, no employer would give that to the employee!
 
Did anybody recieve DOL instructions after the end of Recruitment period...
mine ended on Jan5th...nothing yet
 
sachv_ said:
Did anybody recieve DOL instructions after the end of Recruitment period...
mine ended on Jan5th...nothing yet
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Sachv, There are a couple of people who received Recruitment instructions on this forum. I received the RI's on 29th Dec. My recruitment period ended 20th Dec. Lawyers have sent the Recruitment report on 10th Jan. Waiting for the good news.
 
You're the lucky one

epidural said:
Sachv, There are a couple of people who received Recruitment instructions on this forum. I received the RI's on 29th Dec. My recruitment period ended 20th Dec. Lawyers have sent the Recruitment report on 10th Jan. Waiting for the good news.
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My recruitment period ended Dec 30th. still nothing! Lawyer says to wait for 2 more weeks!! After that it probably take him at least 2 weeks to a month to send the recruitment report. Then God only knows how long it will take them to certify it!!
 
My recruitment period details

Job posted on AJB: Dec 6, 2006
Job posted in office: Jan 5 - 10, 2007
Job Ad. for 3 consecutive days in local NewsPaper: 13-15 Jan, 2007
End of recruitment period: Jan 17, 2007

hang in there guys! our time will come!
 
BarneySha said:
Job posted on AJB: Dec 6, 2006
Job posted in office: Jan 5 - 10, 2007
Job Ad. for 3 consecutive days in local NewsPaper: 13-15 Jan, 2007
End of recruitment period: Jan 17, 2007

hang in there guys! our time will come!
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I think and I may be wrong but your recruitment period will end 30 days after the ad posted in the local newspaper so that would be 13 Feb ....
 
TR - RIR conversion

Hello Friends,

Here is an interesting scenario, our company decided to go for RIR conversion as per the October rule. So we started working on it and package was sent on Dec18th 2006 and courier was received by DOL on 19th we received the confirmation for it. Meanwhile my job was appeared in AJB on Dec 14th but we did not receive our RI until Dec 21st, so that means according to the October rule I should be safe to assume that, RIR conversion went through smoothly. Also adding few more interesting things, there was one more ruling for “safe harbor” you can send an email to the DOL for intent to convert to RIR. So, I am confused what is going to happen to my case. I have checked the status it said RIR and INPROCESS. There fore I am anxiously waiting what is going to happen. Whether we have to wait for DOL to send us the received resumes from AJB or they just ignore them?.

Our lawyer says we would be safe either by October rule or with new safe harbor rule.

I thought of sharing this information with you guys.

PD: 04/2003 MA
Type: RIR
 
No I have not. I do expect that it will be picked up soon after Jan.22 (posted on AJB) if guys at DBEC are still sane. Then I'll get the RI, do the recruitment, send result, and then LC certified hopefully in June.

Can't be always depressed.

Malik_Labor said:
so_depressed ,

Have you heard anything about ur case?
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:)
 
Hope So.

well, my case was a RIR case (PD 04/08/2002). There was a NOF and lawyer responded one day after deadline.

So it was sent back to SWA for traditional processing. Now its a TR case.

BUT my case now shows as "RIR" case on DOL status web site.

What you think, what should I expect. I mean RI, NOF, or direct approval?

I also have one Approved EB3 PERM Case.

THanks


so_depressed said:
No I have not. I do expect that it will be picked up soon after Jan.22 (posted on AJB) if guys at DBEC are still sane. Then I'll get the RI, do the recruitment, send result, and then LC certified hopefully in June.

Can't be always depressed.

:)
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If you have not done the recruitment for your RIR case, I would be prepared for the RI if I were you. If you have done the recruitment I'd expect you get certified soon.

Malik_Labor said:
Hope So.

well, my case was a RIR case (PD 04/08/2002). There was a NOF and lawyer responded one day after deadline.

So it was sent back to SWA for traditional processing. Now its a TR case.

BUT my case now shows as "RIR" case on DOL status web site.

What you think, what should I expect. I mean RI, NOF, or direct approval?

I also have one Approved EB3 PERM Case.

THanks
Click to expand...
 
well, all the recruitment was done before filing the cases as RIR. Actually NOF was to do one extra new paper add. Which we did.

And DOL said every requirement was met, except the response to NOF was one day after deadline. So they converted my case to TR case. And I am stuck since then.
 
I would guess you'll see your LC certified within a month based on current trend.

Malik_Labor said:
well, all the recruitment was done before filing the cases as RIR. Actually NOF was to do one extra new paper add. Which we did.

And DOL said every requirement was met, except the response to NOF was one day after deadline. So they converted my case to TR case. And I am stuck since then.
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Going to send TR ->RIR conversion .. but case status WITHDRAWN

Hi:

Today I receieved the letter from my attorney for the TR to RIR conversion to be signed by my employer. By the way I checked my status and it shows WITHDRAWN. Previously it wa showing IN process. Now is it possible to send the conversion request email. Today and monday are the only days left when my attorney can get hold of people in DBEC and get the status changed. However I read from htis forum that it takes 2 months for some to get the status changed back to In Process.

Any comment will be welcomed.
 
LC certified

Hi, Guys, just let you know my case get certified yesterday when I check the online status.

It seems that for the remanded case, once are treated as RIR, they will be cleared very quickly.

Anyway, thanks a lot for the friends in this forum, and wish all of you good luck too.

my information is as follows:

User name: EndTunnel2006
SWA Date (PD): 12-13-2001
DOL RD: 12-13-2002
SWA: CA
EB2 or EB3: EB3
RIR or Regular: RIR remanded back to traditional
BPC: dallas
45-day Letter Received: 12-20-2005
ETA#: D05173xxxx
45-day Letter Replied: 01-06-2006
Approval Date: 01-19-07
 
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Remanded Case Info.

Hi EndTunnel2006 and Other Certified Remanded Case members of this forum,

Could you all please share the reason for your case being remanded?
I am asking since mine is a remanded case too. The reason given for RIR denial was that the ads placed for my original RIR case were insufficient and employer failed to show a pattern of recruitment efforts over the past six months prior to filing the application. My lawyer sent a letter to reconsider my case with more information, but that was also denied by DOL.

When I spoke to my lawyer a few days ago, she told me that even though my case shows up as RIR in the public disclosure system, once someone picks up my case at BEC, he/she will see the history behind it and may change it back to TR. They must have just entered my case type as RIR since the cover page of my application shows it that way.

Any information from the remanded & approved cases will be helpful.

Thanks.

EndTunnel2006 said:
Hi, Guys, just let you know my case get certified yesterday when I check the online status.

It seems that for the remanded case, once are treated as RIR, they will be cleared very quickly.

Anyway, thanks a lot for the friends in this forum, and wish all of you good luck too.

my information is as follows:

User name: EndTunnel2006
SWA Date (PD): 12-13-2001
DOL RD: 12-13-2002
SWA: CA
EB2 or EB3: EB3
RIR or Regular: RIR remanded back to traditional
BPC: dallas
45-day Letter Received: 12-20-2005
ETA#: D05173xxxx
45-day Letter Replied: 01-06-2006
Approval Date: 01-19-07
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Recruitment Report

epidural said:
Sachv, There are a couple of people who received Recruitment instructions on this forum. I received the RI's on 29th Dec. My recruitment period ended 20th Dec. Lawyers have sent the Recruitment report on 10th Jan. Waiting for the good news.
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Did you receive resumes forwarded by DOL? Did you interview any qualified candidates? How long are we given the time after receiving Rec.Rep.Ins and resumes from DOL to send DOL back the recruitment report?
My recruitment period ended in Jan 15 2007, I am waiting for the Rec.Report Instruction.
 
ReceiveRI said:
Did you receive resumes forwarded by DOL? Did you interview any qualified candidates? How long are we given the time after receiving Rec.Rep.Ins and resumes from DOL to send DOL back the recruitment report?
My recruitment period ended in Jan 15 2007, I am waiting for the Rec.Report Instruction.
Click to expand...
ReceiveRI, We or rather PBEC did not receive any resumes, So no question of interviewing. We were asked to file the report by Feb 5th. We did that on Jan 10th. As usual the waiting game is on.
 
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