RIR processing

R

rsreeniv

Registered Users (C)
My consulting company has RIR but they recommended doing regular LC processing because of the current labor market and few incidents where for an application filed on RIR INS told them that the labor dept. had a lot of resumes in their database for that particular position. Also, they said they WOULD NOT stop me if my attorney filed an RIR case. Second, I have a masters in Computer Science (USA) and 5 years of experience in software with reputed companies in US. Can the consulting company not make a strong RIR case for me being the employer? Will first trying for an RIR case affect my processing time for regular LC if rejected?

Thx,

Renga
 
My 2 cents (not legal advice or opinion)

rsreeniv,

As far as I can tell, the qualifications and experience (5 years and a Master's degree) are the determining factors only in the I-140 stage (and a year back, eligibility to apply for I-485), where you can choose between Eb2 versus Eb3 category. I am not sure how it works for RIR versus regular. The determining factor here may be the demand-supply equation in the geographical area where you are applying, regardless of yoru qualifications and experience. I believe your company is being conservative because they want to avoid any further questioning by the department of labor when you apply for RIR. I suggest you discuss this in detail with the attorney, because for the entire process, the attorney makes a big difference.

Hope this helps.
 
Considering the current market situataion and changes in RIR LC regulations, it is wise to file case under RIR as well as regular one by maintaining priority date. It is the safest way to go for LC. But very few companies will file 2 LC's for the emplyee. Check with ur employer...
 
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