Regular to RIR transfer

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NoLabour

Registered Users (C)
Guys,

I have a question. My employer filed for my labour in Jan 2003. In May they told me that they have applied it in non RIR and would be moving it to RIR soon. Now they say(I dont believe it yet) that it has been transferred to RIR.
What my question is whether my PD would still be Jan 2003 or it would be Dec 2003?

Thanks,
NoLabour

Re:
NoLabor,

If your case is filed after august 2001, you cannot convert your case from regular to RIR.


Re:
But I was told by the lawyer that it can be convered to RIR. I am just skeptical about the priority date.

Any light guys?? Please help..!!


Re:
You can still convert your application to RIR, but you will loose your old Priority Date. You will be assigned new current Priority Date. Your application will be pushed further down. I know because I also tried to convert my application at one point. I spoke to gentleman in VA SESA Dept., and he told me all this.
Hope it helps you.


Re:
Thanks for the reply GC212 but I was told by the Lawyer that the PD remains the same and not pushed further down. This is the reason I am asking the experts. My lawyer is really a renowned lawyer of DC area.

Experts please elaborate whether the PD moves or remain the same once a regular is convered to RIR. If the date moves I might look for another job as well. I am really not getting transparent information from my employer/lawyer so experts please shed some light.

Thanks,
NoLabor




Bottom line: I have no idea what the real thing is, can a case be transferred from a regular to RIR, if yes then does the PD remain the same? Experts please help, I am in dire straits.
 
One can change the pending LC from Non-RIR to RIR. And yes PD remains the same.

Let me find the link....
 
Here U go
Following paragraph taken from RIR conversion doc at following location:

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&docid=01-19465-filed

===========================================
This regulatory change does not change any of the substantive
requirements for getting an RIR application certified nor does it
materially diminish any of the protections afforded U.S. workers. It merely permits employers to request that applications filed under the basic labor certification process be converted to RIR processing without losing their original filing date. As explained in the Proposed Rule, the filing date is important to employers because, according to INS regulations, ``[t]he priority date of any petition for classification under section 203(b) of the Act which is accompanied by an individual labor certification from the
Department of Labor shall be the date the request for certification was accepted for processing by any office within the employment service system.'' See 8 CFR 204.5(d). Currently, employers with cases in the queue which could qualify for RIR processing are reluctant to make such requests since, under current regulations, that would result in a loss of their original filing date which, in turn, would result in a loss of the alien's visa priority date. This is a serious disincentive for many employers where the alien beneficiary comes from a country where the
visa numbers are backlogged. Therefore, the Department is taking this action to permit qualified applications to be converted to RIR processing with no loss of filing date.
===========================================
 
Thank you so much usnycus , this was really reassuring and I really really appreciate it.



Originally posted by usnycus
Here U go
Following paragraph taken from RIR conversion doc at following location:

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&docid=01-19465-filed

===========================================
This regulatory change does not change any of the substantive
requirements for getting an RIR application certified nor does it
materially diminish any of the protections afforded U.S. workers. It merely permits employers to request that applications filed under the basic labor certification process be converted to RIR processing without losing their original filing date. As explained in the Proposed Rule, the filing date is important to employers because, according to INS regulations, ``[t]he priority date of any petition for classification under section 203(b) of the Act which is accompanied by an individual labor certification from the
Department of Labor shall be the date the request for certification was accepted for processing by any office within the employment service system.'' See 8 CFR 204.5(d). Currently, employers with cases in the queue which could qualify for RIR processing are reluctant to make such requests since, under current regulations, that would result in a loss of their original filing date which, in turn, would result in a loss of the alien's visa priority date. This is a serious disincentive for many employers where the alien beneficiary comes from a country where the
visa numbers are backlogged. Therefore, the Department is taking this action to permit qualified applications to be converted to RIR processing with no loss of filing date.
===========================================
Click to expand...
 
So it doesnt matter what is a person's filing date(mine was Jan 2003), a Non RIR case can be converted to an RIR with PD as same?


Originally posted by NoLabour
Thank you so much usnycus , this was really reassuring and I really really appreciate it.
Click to expand...
 
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