Non RIR Discussion Only !

[zonzon]

What was the status in the previous screenshot ?

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.

In my company, lawyers get the screenshot status of my case every 45 days or so. Last time, (Nov 2006), it said TR .. now the online one says RIR .. so the BEC must have decided to change it to RIR for some reason. I dont see why they should ping-pong back to TR. Ask you lawyer if it ever showed up as TR ?

 

[Hangin2001]

In my company, lawyers get the screenshot status of my case every 45 days or so. Last time, (Nov 2006), it said TR .. now the online one says RIR .. so the BEC must have decided to change it to RIR for some reason. I dont see why they should ping-pong back to TR. Ask you lawyer if it ever showed up as TR ?

zonzon,
My lawyer had sent a "No BEC contact" email in August 2006 since I never received a 45-day letter until July 21, 2006. In response to that, the BEC had sent a screen shot in Sept 2006 showing that my case is active. The screen shot showed:

ETA Case #: 05089-XXXXX
Processing type: RIR
Case source : Region
Case Status : Data Review

The case status for this ETA case # started showing as "WITHDRAWN" sometime in Nov.'06 when a lot of people with multiple filings had similar problems due to 'mis'communication between the BEC and PERM systems. However, I got a 45-day letter in November 2006 and it had a new ETA case # whose case status has been 'IN PROCESS' after we responded to the 45-day letter.

All along I have been thinking that my case type is TR since the lawyer had told me in April 2003 that my RIR has been denied and case remanded to state. So, it will be processed in the TR queue. I am not sure if it was always RIR or ever showed as TR. I will have to ask my lawyer for the screen shots that they had used for my 7th & 8th year H-1B extensions. I don't think they got screenshots as frequently as your lawyer did.

Thanks.

 

[lengthyLabor]

Somebody in the TR to RIR conversion forum reported that all the cases in his company which were remanded are showing up as RIR today. So maybe BEC is doing something today with remanded cases. Maybe that's what happened in your case too.

In my company, lawyers get the screenshot status of my case every 45 days or so. Last time, (Nov 2006), it said TR .. now the online one says RIR .. so the BEC must have decided to change it to RIR for some reason. I dont see why they should ping-pong back to TR. Ask you lawyer if it ever showed up as TR ?

 

[PBECVictimBOS]

Recruitment Report information

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.

What happens at the end of the recruitment period? Do you receive a letter from DOL advising what to do (if so how is the wait after end of recruitment period?) or does the lawyer proceed with the recruitment report if no resumes were received by teh end of recruitment period? Further if a letter was received from DOL, what did the letter contain? I am anticipating the same and want to prepare for what needs to be filed. Appreciate your response.

On another note...Has anyone here received approval for a non-remanded, non-regional TR case? If someone has a timeline of the progression of events would be appreciated.

PBECVictimBOS
TR/July 2003
P-05172-7xxxx

 

[Dilbert_Cal]

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!

What you need to port your PD via I-140 is a copy of the approval notice of the I-140. The Original I-140 approval is not required - but a copy of the approval will do so.

Some companies do share the paperwork and some folks have been lucky enough - although if you are working in a big company where you cant even talk to the lawyer directly, you are in for tough luck.

 

[kingosu]

140/485 concurrent filing still possible

Kanke,

If your PD is current, as far as I know, currently you can still file 140/485 concurrently. However, USCIS is planning to eliminate the concurrent filing option. I believe the 60 day comment period for the rule change begins in March 2007. So anyone with approved labor and current PD can still file 140/485 concurrently. Hope this helps.

 

[zonzon]

LC Certified


My online status as of Friday 1/19 shows LC certified

Originally RIR
Remanded case : coverted to TR
automagically converted to RIR by BEC

Case #: D-05172-77*

 

[kingosu]

Yes, you are correct. You have to wait till the Visa Bullettin shows Nov 2001 for EB-3. Thats what I was trying to say too.

Good Luck.

 

[VA_09_02]

Recruitment Report Instruction Received

Finally received the report instruction from PBEC. No resumes received. Recruitment period ended 12/13. Report instruction received 1/12. Lawyer was on vacation last week, will file report this week.

 

[Hangin2001]

My online status as of Friday 1/19 shows LC certified

Originally RIR
Remanded case : coverted to TR
automagically converted to RIR by BEC

Case #: D-05172-77*

zonzon,
Congratulations! What is your PD? Yours was also a remanded case, right?

 

[Malik_Labor]

Certified

MY Case shows "CERTIFIED" today.

 

[NTom]

Hi,

Just wanted to share my status:

Case dtls: EB3/Non RIR/PD: Dec '03/NJ

RI recd: My lawyer informed me on 11/15 tht it has been recd. I am uncertain of the exact date it was recd. fm PBEC.
AJB ad: Posted date 12/16. Its still there in AJB......

I recently emailed my lawyer and they confirmed tht ads have been placed and tht the recruitment period has ended. I had asked them if they recd. the Recruitment Report Instruction fm PBEC but they just gave a vague answer and said they will be responding to PBEC this mth. So I am not sure if the report fm PBEC has been recd. or not. Just wanted to update u all........

Ppl who have recd. Recruitment Report Instruction Do u all still see ur ad in AJB? How long do these ads stay in the site?

Would appreciate ur answers. Thanks in advance.........

 

[BarneySha]

my details below

Hi,

Just wanted to share my status:

Case dtls: EB3/Non RIR/PD: Dec '03/NJ

RI recd: My lawyer informed me on 11/15 tht it has been recd. I am uncertain of the exact date it was recd. fm PBEC.
AJB ad: Posted date 12/16. Its still there in AJB......

Ppl who have recd. Recruitment Report Instruction Do u all still see ur ad in AJB? How long do these ads stay in the site?

Would appreciate ur answers. Thanks in advance.........

my ad was up there until today. My recruitment period ended Jan 17 according to my lawyer. so maybe it comes off after the end of the period.
hope this helps:

Job posted on AJB: Dec 6, 2006 - disappeared on Jan 22, 2007 (today!)
Job posted in office: Jan 5 - 15, 2007
Advert for 3 consecutive days in local NewsPaper: 13-15 Jan, 2007
End of recruitment period: Jan 17, 2007
Recruitment Report from PBEC: ???

 

[Labor2003]

My recruitment period ended on Jan 15th. Today our HR person let me know that they had received a letter from the BEC stating that no resumes had been received in a response to my ad. We will be sending the recruitment report asap now.

 

[zonzon]

zonzon,
Congratulations! What is your PD? Yours was also a remanded case, right?

well, that is the weird thing .. I applied Mar 02 but my company laywers said that PD in BEC snapshot shows up as Feb 03 .. they have requested correction in PD .. anyone have had similar issues and success in correcting PD ?

 

[so_depressed]

One theory, our HR manager did not bother to send our application materials to the lawer for 8 month!!!!!!

well, that is the weird thing .. I applied Mar 02 but my company laywers said that PD in BEC snapshot shows up as Feb 03 .. they have requested correction in PD .. anyone have had similar issues and success in correcting PD ?

 

[ny-nonrir]

well, that is the weird thing .. I applied Mar 02 but my company laywers said that PD in BEC snapshot shows up as Feb 03 .. they have requested correction in PD .. anyone have had similar issues and success in correcting PD ?

u applied in 03/'02 (mar 2002)
they entered the reverse 02/'03 ... ha ha

cud be a costly mistake. hopefully it will be corrected

 

[sachv_]

this is so Random

My recruitment period ended on Jan 15th. Today our HR person let me know that they had received a letter from the BEC stating that no resumes had been received in a response to my ad. We will be sending the recruitment report asap now.

Somebody had their Rec period end in December and no response yet....and some people get it in a week..... very odd ...but what else can we expect from BEC
I'm still waiting for mine...my Rec period ended on Jan 10th...

 

[tb2904]

My case Update

01/22/2007 - Received BEC's request for final documentation
12/17/2006 - Ad placed in the newspaper
12/04/2006 - Received RI from BEC

Priority Date: Aug'03
State: VA

 

[vexlak]

Somebody had their Rec period end in December and no response yet....and some people get it in a week..... very odd ...but what else can we expect from BEC
I'm still waiting for mine...my Rec period ended on Jan 10th...

Congrats to all of you having movment with your cases. It is nice to hear that at least someting is moving. On the other hand I am realizing that I must be cursed indeed....