RIR Ad requirements

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ruchika11

New Member
Hi,

My company started the ad process for my Greencard application in RIR EB2 category in Sept '03. Earlier they mentioned the following "Masters with 4 years exp" in the job ad. But later, when we calculated the number of years, I actually had "Masters with 3 years exp". So the lawyer changed the ad to not include the educational and years of experience requirements. Now my ad talks only about the required skillset. When I discussed this with the lawyer he said that its OK to not include the information because if we do we'll be strictly held to it. I want to know -
1) If its OK to not include education and years of experience in the ad and still file the case in EB2 category?
2) Do chances of my case getting rejected increase if we miss this information in the ad?
3) If we decide to change the ad, will the ad that specifies "Masters with 4 years exp" get counted? Does the ad that does not specify education and years of experience get counted?
4) When is the category specified - during LCA or I140 stage?

Thanks,
Ruchika
 
1) If its OK to not include education and years of experience in the ad and still file the case in EB2 category?


Yes you can do that.

2) Do chances of my case getting rejected increase if we miss this information in the ad?


No not really. However your lawyer maybe asked to put ad again as Educational Requirement is not there. People without same may qualify.

3) If we decide to change the ad, will the ad that specifies "Masters with 4 years exp" get counted? Does the ad that does not specify education and years of experience get counted?


Ad is guideline and prove that employement efforts were done. If it is correct from certifying officer's angle - it is OK. Better not take chances and run the ad now.

4) When is the category specified - during LCA or I140 stage?


LCA is with H1b visa. It is LC with GC. Category is specified in LC only.

Happy Journey to GC.
 
Thankyou for the reply.

I didn't frame my second question right - Does this increase the chances of my case getting transferred to non-RIR category?

You mentioned -

No not really. However your lawyer maybe asked to put ad again as Educational Requirement is not there. People without same may qualify.

If the lawyer is asked to put the ad again, decision on my LC will be further delayed .. is that right? How long will the lawyer have to put the ad again?
 
Well forgot to add one thing:

Everything depends on Certifying Officer's mood on that day.

With that said - let me address your question:

It does not increase any chances of getting to non-RIR. RIR and non-RIR depends on your Degree and Experience.

Usually ad and attached responses and reply is spread over a month's period - no hard and fast rule. Time could will depend on other factors - sometimes on region of LC, number of replies etc. Worse could be if ad sounds like a startup position and your lawyer is asked to show fresher's recuitment efforts from colleges - then it may take lots more time. That is why I would suggest invest little more time on ad here rather then trying to fix later.

You can find re-ad questions in the forum - search a bit.
 
Last edited by a moderator:
Thankyou for the response.

I discussed with my lawyer about starting the ad again with education and years of experience mentioned and this is what he said - "There is no good reason to start the ad campaign again; the ads merely show that the employer is recruiting, they do not classify the employee as 2nd or 3rd preference. It is still the labor cert form requirements that determine what visa preference category you are in."

Do you still suggest that I ask my lawyer to redo the ad inorder to increase the chances of qualifying for EB2 category?

Thanks,
Ruchika
 
....

Originally posted by ruchika11
Thankyou for the response.

I discussed with my lawyer about starting the ad again with education and years of experience mentioned and this is what he said - "There is no good reason to start the ad campaign again; the ads merely show that the employer is recruiting, they do not classify the employee as 2nd or 3rd preference. It is still the labor cert form requirements that determine what visa preference category you are in."

Do you still suggest that I ask my lawyer to redo the ad inorder to increase the chances of qualifying for EB2 category?

Thanks,
Ruchika
Click to expand...

Don't forget that the ads. are also used to support your employer's claims of not finding any qualified and willing US citizen. You will have hard time convincing DOL that an advertisement with requirements as Java, Oracle, Siebel and so on without any requirements on years and/or educational qualifications didn't attract any applications or all of those applicants could be rejected!!!


=============================================
Disclaimer: Just my opinion. Please consult a competent
immigration attorney for proper advise and I am not one!
=============================================
 
Your lawyer is right for only one statement, which is conclusive.

they do not classify the employee as 2nd or 3rd preference .

I fully agree to PradK on the other aspects.


Quoting my earlier posts for you:


if ad sounds like a startup position and your lawyer is asked to show fresher's recuitment efforts from colleges - then it may take lots more time.


****************************************************


2) Do chances of my case getting rejected increase if we miss this information in the ad?

No not really. However your lawyer maybe asked to put ad again as Educational Requirement is not there. People without same may qualify.

3) If we decide to change the ad, will the ad that specifies "Masters with 4 years exp" get counted? Does the ad that does not specify education and years of experience get counted?


Ad is guideline and prove that employement efforts were done. If it is correct from certifying officer's angle - it is OK. Better not take chances and run the ad now.



Please read it again in context that you are the only qualifying and willing canditate - that is what is target of ad. If DOL finds otherwise - you will have to run ad again.

These along with PradK's reply should make things clearer.
 
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