Please Help: Question related to RIR

G

garth2k1

Registered Users (C)
A friend of mine is going to apply for Labor Certification in a startup company. That company do not have the ability to file Green Card in through RIR at the moment. The Company may be eligible for RIR status 6 months from now.

My friend has only 1 more year on H1-B. If he files for LABOR certification now in the regular way (i.e. Non-RIR), can he convert the same LABOR application to RIR, once his company becomes eligible for that?

In short, Can a Labor Application that was filed in Non-RIR category be converted into RIR category?

Does any one have any experience/information regarding this issue...

Please share with us. It is a bit critical at this moment, since he has only one more year to go in H1-B.

Thanks in Advance,
-garth2k1
 
> In short, Can a Labor Application that was filed in Non-RIR
> category be converted into RIR category?

Depends on the state. Some have regulations about conversion. Some states won't accept anything but RIR applications.
 
hadron said:
> In short, Can a Labor Application that was filed in Non-RIR
> category be converted into RIR category?

Depends on the state. Some have regulations about conversion. Some states won't accept anything but RIR applications.
Click to expand...


Thanks for the response.

My friend's case will be filed in California/CSC. Could you please provide us more information? Or, please indicate any place on the web where to get more information.

Thanks a lot for the help.

-garth
 
allaboutgc said:
why is the company not eligible for RIR?
Click to expand...

This is a startup company, they haven't processed GC for any other employees yet. I guess the company has to apply to Labor department and provide some sort of advertisement in the news papers for about 6 months. Only after that, a company could file petition for their employees in RIR-category.

I could be wrong about this. But, this is what I was told when I went through the painful process of immigration in the last 3 years.

thanks,
 
hadron said:
> In short, Can a Labor Application that was filed in Non-RIR
> category be converted into RIR category?

Depends on the state. Some have regulations about conversion. Some states won't accept anything but RIR applications.
Click to expand...

Where can I find the information on what all states have a provision to change an application from Non-RIR to RIR? I want to do the same in my case but I've been told by my attorney and I read it on internet too, that the only way to achieve this is filing a new application in RIR and just before u do so, withdraw Non-RIR application. According to this, there can not be two simultanous applications for a person with the same employer in Non-RIR as well as RIR categories.

Please let me know where I can get the details on this. It'd really help if by any chance, I can make use of the last 2 years of waiting period in Non-RIR category and change it to RIR.

Regards,
Nidzanu
 
At every place they say that the only cases that were filed before August 3, 2001 are eligible to change to RIR. That was because RIR was being introduced at that time. I don't find anything that says that it's true for the recent cases as well.
I'm digging it everyday hoping that I'd find something. I talked to my attorney and she said that there was no way we could change category from Non-RIR to RIR for an existing application. She might be wrong. I don't know...

Regards,
Nidzanu
 
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