NYC RIR Status

Banker details

In response to your question Jani...

Applied EB2 RIR - Early Mar 01
Recd State Dept RFE - Jan 02
Responded to State Dept RFE - Jan 02
Recd DOL RFE - Feb 02
Responded to DOL RFE - Mid-March 02
Recd Approval Notification from DOL by Snail-Mail - Apr 20th 02.

Hope this is helpful.

NYBANKER
 
Does not apply or benefit anyone unless....U are in an identical situation

the letter states for the case where the applicant has a labor application approved and I-140 filed with an another employer and now is extending H1 for a new employer who has also filed labor which has been pending for 365 days. it is not very clear as to an applicant whose labor is pending beyond 365 days but not approved.

NYBANKER
 
Banker...can you tell...

me where did you apply from ? Mine is the same case, RIR rejected on 31st Jan.2002, asking me to put advt. in newspaper and reply. That we did on April 8th. I am wondering whether it will still be treated as RIR case or it will go to regular processing ? From your case it looks like it went to fast processing. Can you give me some more info, i.e. what did the original denial letter say ? where did you file from ? How long it took after replying with the advertisement ?

I would really appreciate all these info.

Thanks.
 
just called NY SWA information line

(212)621-9330

RIR: 4/2001. will take at least the remainder of this year to clear 4/2001 cases

Regular: Spring, 1998

RIR conversion cases will be processed based on conversion date.
 
labor_pain,

any thing new through u\'r lawyer? my application was sent to SESA on march 30th, & still nothing. if u hear anything, please post.
 
I had a chat with my attorney

on friday. He had just received an approval from April 17, 2001 mailing(not priority date but date when they mailed the application). He mentioned as he has for some time, that IT jobs are just getting more scrutiny than usual as are some marketing jobs, essentially any jobs where DOL believes that there is no labor shortage. DOL is asking for additional ads etc., even in cases where SWA/SESA has recommended certification.

He also thinks that the bulk of 245(i) is still ahead in the latter half of April 2001, and it could take a few more weeks to get past that speed bump. There is the regular meeting between immigration attorneys and DOL, SWA officials sometime soon, when they should hear about what SWA and DOL are doing to speed up the process (if anything at all!). Last he had heard NY SWA was facing a shortage of analysts and they were trying to hire and train new analysts to try and speed up the process.

My application was mailed May 11, 2001, exactly a year ago and still counting :(

Thats all folks. Keep your chin up and keep the faith!!
 
RIR mailed on 4/29/01

Heard from lawyer last week, that SESA was processing 4/30/01 applications including mine. Hope this will clear some anxieties for the people waiting since that date.
 
Very confused

If that is the case, why does the automated system say that \'processing April RIR cases will take the rest of this year\' ?
 
Interpretation.

Hi guys,
  Can we interpret from this that we can file I-140 without labor waiting for labor approval? That will make things a whole lot easier.. Anyone answer this please..
==========

From: Murthy.com

2. INS\' Broad Interpretation on H1B 7th-Year Extension Eligibility

As regular MurthyBulletin and MurthyDotCom readers are aware, the American Competitiveness in the Twenty First Century Act (AC21), in certain circumstances, allows persons in H1B status to obtain extensions of that status beyond the six-year period (usually referred to as "seventh-year extensions"). Sections 106(a) and (b) of AC21 set forth the following two requirements for such extensions: first, a labor certification application must have been filed for the person at least one year prior; and, second, either the I-140 (Immigrant Petition for Alien Worker) must also have been filed and be pending or approved, or else the I-485 must be pending. In those cases that do not require the filing of a labor certification, like the national interest waiver cases, the I-140 must have been filed a year prior and the I-140 or the I-485 must be pending.
 
Interpretation

1. No, you can\'t file I140 without LC approval - if you are going thru EB LC route.

2. The Paragraph says - if you are going thru NIW(National Interest Waiver ) category, LC is NOT reqiured and can file I140 directly and providing the evidence to INS that your case is eligible/qualified for NIW category.

On 7th year H1B Extention:

1. For LC route, LC must have been filed one year ealier and approved AND I-140 must have been filed at least.

2. For NIW cases, I-140 Must have been filed 1 year ealier and I-140 or I-485 must be pending.

Hope this clarifies

Chandra Mallela.
 
7th year H1B extension

Reading the AC21, I got the same interpretation as you do. But I called INS, and specifically asked that since lots of SESAs have huge backlog due to 245i, for a person with labor cert. pending more than a year, even if one does not have 140, one can still get H1B extension. This is confirmed by my lawyer too. You cannot file I-140 without LC clearance anyway.

Call 1-800-375-5283 for INS customer services and ask to speak with an officer to clarify this question.
 
No Title

im EB3, RIR, P.D. 26th april, & i have not recieved anything, my lawyer who i spoke to on friday said "nothing yet" i hope its true about them doing april 30th, but after 1 year, waiting, im not holding my breath.
 good luck & lots of patience to us all.
 
Meaning

So my interpretation is like this::
Only criteria is that you should have filed labour >365 days . You can get 7thyear extension . No need to have approved labour or I140 filed.
Am I true ????
 
Any news?

Folks - any updates, Please shake the bushes as they say to find out whats going on, i.e. call your attorneys or the HR department.
 
7th year extension

Just now I talked to INS officer (New York ) on 1-800-

She told me that If your employer has applied your labour and it is more then 365 days then you can get 7th year extension. Only criteria
is labour >365 days. No need for I140 to be filed .
She went to the INS website and read the related law.
The site is
http://www.ins.usdoj.gov/graphics/publicaffairs/questsans/H1BChang.htm
and Question no 14, last para which says that

Finally, AC21 gives extensions of H-1B status in one-year increments to H-1B aliens who have an employment-based immigrant visa petition or application for adjustment of status pending if It has been more than 365 days since the visa petition or the labor certification application has been filed. Note that the adjustment application, labor certification, or visa petition need not necessarily have been pending for a year to obtain this benefit. The only requirement is that 365 days have passed since filing of the labor certification or immigrant visa petition.

So just for more clarification if any body got their 7th year extension only on the criteria that labour is pending >365 days please post.

Thanks.
 
H1 6 yr extn

http://shusterman.com/h1bfaqaila.html

Under what circumstances can someone who is running out of his/her six years in H-1B status extend that status?

AC21 provides for such extensions in two circumstances:

Under AC21 section 104(c), a beneficiary of an employment-based first, second or third preference petition who is eligible for permanent residence but for the application of the per-country limits may obtain extension of the H-1B status until the adjustment of status is decided.

Under AC21 section 106(a), an H-1B status can be renewed in one-year increments for beneficiaries of any employment-based petition until adjustment processing is completed as long as 365 days or more have elapsed since the labor certification application or immigrant petition was filed
 
Approval

Hi All:

Just got back from vacation and found out from my lawyer that my RIR labor was approved. Freaky, because I wasn\'t expecting it for a few more months, but no complaints. Good luck to you all.

(I work for a large stable company. 90,000 plus employees world-wide, no lay-offs in the past 6 months, I think).

b Timeline:
Non-RIR: May 1998
Non-RIR Advt Instructions: Jan 2002
Non-RIR case drop Employer: Feb 2002
Non-RIR case drop by SESA: Mar 2002

RIR mailing date: May 20, 2001
SESA RFE: April 1, 2002 (Salary)
Reply: April 16, 2002
Forward to DOL: April 22, 2002
Certified at DOL: April 30, 2002

Applying for I-140 soon, my visa is running out in 6 months.
 
your H-1 expiration is the key factor

they definitely expedited your case.

and some folks didn\'t believe me...

congratulations! good luck to your I-140 and 485!
 
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