RIR and EB11

N

newyorkss

Registered Users (C)
My employer (a big four firm) will pay for one green card process - either the EB11 (which our lawyer says I have greater than 50% chance of succeeding) or the green card thru the RIR process. The lawyer suggests the RIR as a back up to the EB11 petition, which means we have to pay for RIR as well as the I140 for EB11 now.(which means if my employer covers the I140, I have to pay for the RIR). The lawyer also says it is better to petition the EB11 thru the company rather than on my own. What shd I do to cover my risks and avoid paying the lawyer's fees if possible? Is it true that the RFE from a EB11 case will only come 1.5 yrs from now - & so in case it is denied , I will be delaying my RIR process by 1.5 yrs? Is there an overlap in the 2 processes - or do the I140, I 485, I131, I765 need to filed all over again if I fail to get the EB11.
Any body who has managed employers to pay for EB11 while covering the risks, please do share your experiences. Your help will be really appreciated. Thanks
 
newyorkss said:
My employer (a big four firm) will pay for one green card process - either the EB11 (which our lawyer says I have greater than 50% chance of succeeding) or the green card thru the RIR process. The lawyer suggests the RIR as a back up to the EB11 petition, which means we have to pay for RIR as well as the I140 for EB11 now.(which means if my employer covers the I140, I have to pay for the RIR). The lawyer also says it is better to petition the EB11 thru the company rather than on my own. What shd I do to cover my risks and avoid paying the lawyer's fees if possible? Is it true that the RFE from a EB11 case will only come 1.5 yrs from now - & so in case it is denied , I will be delaying my RIR process by 1.5 yrs? Is there an overlap in the 2 processes - or do the I140, I 485, I131, I765 need to filed all over again if I fail to get the EB11.
Any body who has managed employers to pay for EB11 while covering the risks, please do share your experiences. Your help will be really appreciated. Thanks
Click to expand...

RIR will be no longer available after 6 months of your current position's recuiment process. That means you have to redo the recruiment 6 months later for a RIR. Otherwise you have to go regular LC.
 
Go both ways: RIR and EB11 (if RIR is still applicable to you). Your I485 can be based on both I140 forms. I do not know how long does it take to get RIR done at the DOL, but this would be a good starting point. While RIR is pending at DOL, you can get all rec. letters and other evidences organized for your EB11 petition. I would still think that you will file EB11 I140 faster than RIR would come back from DOL. So file EB11 I140 and I485 concurrently, then, when you file RIR based I140, just send a copy of that I140 to USCIS to amend your pending I485 so it would be based on two I140 petitions.

As for lawyers fees, it is up to you how you negotiate with your HR. If you will have only one I485 but two I140, may be they will assume the whole bill.

BTW, why necessary EA, you may have better chances for OR if your company is willing to sponsor you.

EB12-OR-VSC
ND: 04-02-2003
 
Thanks very much for your responses.

Excuse my ignorance, but what is OR?
Also, I suspected I can have one I485 with 2 I140s. But my lawyer said no to that - saying they are different categories of I140. Is that true? Also, as you are suggesting, the EB11 I140 decision shd come before the RIR comes from DOL - so I can amend my I485 to support the new RIR based I140?
Also, is RIR no longer applicable after 6 months of employment? What about the new PERM process which the lawyer says will be better than RIR - & is due to be in effect by the end of this yr?
 
OR- is Outstanding Researcher, it is also in EB1 preference list as EA - called EB12, but it requires permanent job offer from your employer

I saw several people heaving two I140 tied up to a single I485 on this forum. Here is one link:
http://www.immigrationportal.com/sh...ad.php?t=121354

EB11 decision might not come before you will have a chance to file RIR-based I140. Actually it would be better if you can submit RIR I140 and modify I485 based on that before EB11 I140 decision is made. Otherwise, if EB11 is denied, I485 would be denied as well unless you have a second I140 pending at that time.

RIR and PERM - sorry I do not have any info on that ...
 
How is OR (EB12) better than EB11? Does it have more possibilities of coming through?
Also, please help me understand how long will the EB11 or EB12 I140 take for a decision? Is that 1.5 - 2 yrs? And when can I file the RIR I140 - after the RIR approval comes thru in 2 yrs from DOL? Which is a longer process? I think the RIR is probably longer. So, what shd be the sequence, considering I want to tie both I140s (before any of them is denied) to the I485?
Thanks again
 
In OR (EB12)category you need to demonstrate evidences for at least two major points in the list provided by USCIS (see filing requirements)
For EA (EB11) category - at least three. And the USCIS list is a little bit different.

I would say that OR category is less demanding with regard to your achievements than EA, hence there is a better chance of getting approved in OR category considering "marginal" qualifications. Difference is - EA does not require a job offer - but OR does require it.

Processing time for OR and EA are close to each other. In VSC - little less than 2 years. I have no idea how long does RIR take. But to prepare a good EA or OR petition - consider to spend 3-6 months, plus your lawyer can take a couple of months as well for a final petition assembly.
 
RIR VSC Processing times

My company are sponsering my RIR - it was submitted in May03 and they are currently porcessing forms received Sept01 - it's going very slow, an attourney told me this is expected to speed up due to measures in place to address the backlog. It's alot less time at other SCs - it used to take less than a year but I expect it'll be another 2 years yet thus I'm pursuing the NIW. See link for all Service center RIR processing times. For the I-140 it is taking approx 2 years at VSC.

http://workforcesecurity.doleta.gov/foreign/times.asp#reg

muji100
 
You must log in or register to reply here.
Top