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RIR rejected Please help
- Thread starter TinaG
- Start date
manwithnoname
Registered Users (C)
TinaG said:Got notification from lawyer that my RIR for LC got rejected. It is pending in Phily BEC with a PD of Oct 2003.
What does this mean? Kiss my LC good bye? Please explian
From your posting there can be two conclusions:
First, is RIR (only) denied? Your case was filed as RIR but the BEC determined that it cannot be processed as RIR (due to insufficient recruitment perhaps). In this case, your case will be processed as TR case and moved to the TR queue. You can upgrade the case to RIR again, under certain circumstances.
Second, is your LC case denied? What you on-line status say? Depending on your situation, you can file another LC in PERM.
My RIR is denied. LC is still pending.Lawyer is not telling anything else. He is just saying we cannot do anything.He just says that 'wait' ..
Please let me what I can do? Can I file a motion to open?
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
Please let me what I can do? Can I file a motion to open?
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
Days_go_by
Registered Users (C)
Don't panic Tina,
Getting converted to TR maynot really mean a lot longer wait.
Since BECS have to process all cases by next year Sep, at worst a few more months.
Just hang in there, don't give up, take a vacation or take up activity.
Getting converted to TR maynot really mean a lot longer wait.
Since BECS have to process all cases by next year Sep, at worst a few more months.
Just hang in there, don't give up, take a vacation or take up activity.
manwithnoname
Registered Users (C)
TinaG said:thanks a lot. I heard that Backlog centers is allowing people to convert their applications from TR to RIR. Can I know whats the process. I can ask my lawyer to do that
Okay now it is clear, your case is moved to TR queue. Now, your employer got to do the recruitment effort in order to move the case back in RIR queue. RIR will be processed much faster than a TR case. Please read the excerpt from immigration law website below and the RIR conversion FAQ link:
10/06/2006: Consequences of RIR Conversion Request
The decision of RIR eligibility by the BEC will result in the following consequences:
- If approved, the case will move to the RIR queue per the priority date, and not the decision date. Therefore, the cases will be processed fairly quickly.
- If RIR eligibility is denied, the case will remain in the TR queue. Besides, the alien beneficiary will not lose the priority date. Remember that this rule is limited to the situation where the application is denied on RIR eligibility issues and not other substantive issues.
10/06/2006: Reasons for Filing RIR Conversion Request ASAP
- All in all, risks of denial of RIR conversion request appear to be almost none or limited, unlike the PERM conversation case where the denial will result in loss of priority date and loss of both PERM and BEC cases.
- There is no cut-off date for filing conversion request, but for a number of reasons, the eligible applicants should file it as soon as possible.
- Once BEC starts recruitment process, the case will not be eligible for conversion. Since the BEC is not going to entertain the request for delay of recruitment process, time will be of essence to take advantage of the conversion.
- Conversion request will be processed first-in first-out basis.
Last edited by a moderator:
Blackhole2002
Registered Users (C)
Online status shows "DENIED" without any NOF or denial leter
TinaG,
Here is my story. Just in my case i dont have any reply from PBEC but you do.
My RIR EB3 NY case status suddenly changed to "DENIED" after being "IN PROCESS" for a long time. No NOF has been received by my lawer or employer in past. Its more than a week not that it shows " DENIED" and no denial leter yet. Dont know what to do other than waiting for the denial leter which could take weeks or months.
Talked to my lawer and he sent an email to PBEC to reopen. But does not seem like it would work since its already a week that the lawyer sent that email and still the status shows "DENIED".
I even dont know if my labor has been permanently deinied or will be transferred to TR or any thing else. But i talked to my lawyer and he says if its DENIED than currently appplication will be done. that means closed. No further options other than starting for PERM. I dont know to what extent he is right. I dont trust my lawyer any more.
RIR EB3 NY
Online satus shows "DENIED" without any NOF or denial letter.
TinaG,
Here is my story. Just in my case i dont have any reply from PBEC but you do.
My RIR EB3 NY case status suddenly changed to "DENIED" after being "IN PROCESS" for a long time. No NOF has been received by my lawer or employer in past. Its more than a week not that it shows " DENIED" and no denial leter yet. Dont know what to do other than waiting for the denial leter which could take weeks or months.
Talked to my lawer and he sent an email to PBEC to reopen. But does not seem like it would work since its already a week that the lawyer sent that email and still the status shows "DENIED".
I even dont know if my labor has been permanently deinied or will be transferred to TR or any thing else. But i talked to my lawyer and he says if its DENIED than currently appplication will be done. that means closed. No further options other than starting for PERM. I dont know to what extent he is right. I dont trust my lawyer any more.
RIR EB3 NY
Online satus shows "DENIED" without any NOF or denial letter.
Blackhole2002
May be your case is the same as below. I hope you get thorugh this,Aplogies for your cndition
11/15/2006: Update of Reinstatement of BEC Cases Withdrawn by Computer Glitch
For this posting, please refer to our report on 11/10/2006. AILA has reported that the BECs will take time to reinstate these cases and the job may not be complete until 11/30/2006. Accordingly, until December 1, 2006, online BEC tracking system will not show any changes. BECs are urging the involved employers and the alien beneficiaries wait until December 1, 2006 to visit and check the status of reinstatement, and also urge them not to visit the status site as the huge number of clicks probably by these people currently creates the traffic problem for the BECs computer system. Please keep your patience.
The following is the official announcement in the DOL web site:
November 15, 2006, Backlog Cases Inadvertently Withdrawn as Re-Files
It has come to the attention of the Office of Foreign Labor Certification (OFLC) that due to a technical issue, a number of cases were inadvertently identified as pending PERM re-file applications and were withdrawn from the backlog. OFLC is working to rectify this situation immediately by identifying the affected cases, and reinstating them back to the appropriate processing status in proper order. This effort will be completed by November 30, 2006.
Although affected employers and their attorneys will NOT be receiving an additional notice of reinstatement, they may verify their case has been reinstated using the Public Disclosure System (PDS) starting December 1st. Since verification will be available online, employers and attorneys are requested not to contact the Backlog Elimination Centers regarding status.
Please cooperate with the DOL.
May be your case is the same as below. I hope you get thorugh this,Aplogies for your cndition
11/15/2006: Update of Reinstatement of BEC Cases Withdrawn by Computer Glitch
For this posting, please refer to our report on 11/10/2006. AILA has reported that the BECs will take time to reinstate these cases and the job may not be complete until 11/30/2006. Accordingly, until December 1, 2006, online BEC tracking system will not show any changes. BECs are urging the involved employers and the alien beneficiaries wait until December 1, 2006 to visit and check the status of reinstatement, and also urge them not to visit the status site as the huge number of clicks probably by these people currently creates the traffic problem for the BECs computer system. Please keep your patience.
The following is the official announcement in the DOL web site:
November 15, 2006, Backlog Cases Inadvertently Withdrawn as Re-Files
It has come to the attention of the Office of Foreign Labor Certification (OFLC) that due to a technical issue, a number of cases were inadvertently identified as pending PERM re-file applications and were withdrawn from the backlog. OFLC is working to rectify this situation immediately by identifying the affected cases, and reinstating them back to the appropriate processing status in proper order. This effort will be completed by November 30, 2006.
Although affected employers and their attorneys will NOT be receiving an additional notice of reinstatement, they may verify their case has been reinstated using the Public Disclosure System (PDS) starting December 1st. Since verification will be available online, employers and attorneys are requested not to contact the Backlog Elimination Centers regarding status.
Please cooperate with the DOL.
sreeakshay
Registered Users (C)
Blackhole2002 said:TinaG,
Here is my story. Just in my case i dont have any reply from PBEC but you do.
My RIR EB3 NY case status suddenly changed to "DENIED" after being "IN PROCESS" for a long time. No NOF has been received by my lawer or employer in past. Its more than a week not that it shows " DENIED" and no denial leter yet. Dont know what to do other than waiting for the denial leter which could take weeks or months.
Talked to my lawer and he sent an email to PBEC to reopen. But does not seem like it would work since its already a week that the lawyer sent that email and still the status shows "DENIED".
I even dont know if my labor has been permanently deinied or will be transferred to TR or any thing else. But i talked to my lawyer and he says if its DENIED than currently appplication will be done. that means closed. No further options other than starting for PERM. I dont know to what extent he is right. I dont trust my lawyer any more.
RIR EB3 NY
Online satus shows "DENIED" without any NOF or denial letter.
AAAARRRRGGGGGGGGGGGGGHHHHHHHH.....why do these MCs screw with the lives of people.....it is such a devastation to go through years of insecure stressfull waiting just to get this kind of shit from them. I hopwe it works out man........I am totally pissed with thsi DOL BS...
Labor denied: on line status
Hi all please help me out here,
My case is CA, RIR, EB2, PD Aug 2002, Case # P-04********
I got NOF regarding on Oct 18th 2006 regarding the "RIR process report not acceptable and need to provide lawful reasons to reject the candidates".
We rebutted on Oct 24th giving detailed RIR report.
Now my on line status shows "Denied" from 11/15/06 on wards. Earlier to that it was showing "In PROGRESS". Still we haven;t got the hard copy of denial.
Does this denial means only RIR is denied or entire Labor is denied. Please let me know what needs to be done. I am in trouble now.
-sacbee1
Hi all please help me out here,
My case is CA, RIR, EB2, PD Aug 2002, Case # P-04********
I got NOF regarding on Oct 18th 2006 regarding the "RIR process report not acceptable and need to provide lawful reasons to reject the candidates".
We rebutted on Oct 24th giving detailed RIR report.
Now my on line status shows "Denied" from 11/15/06 on wards. Earlier to that it was showing "In PROGRESS". Still we haven;t got the hard copy of denial.
Does this denial means only RIR is denied or entire Labor is denied. Please let me know what needs to be done. I am in trouble now.
-sacbee1
TinaG, blackhole2002
TinaG, blackhole2002
Please reply to sacbee123@yahoo.com so that we can discuss . I am also in the same situation.
TinaG, blackhole2002
Please reply to sacbee123@yahoo.com so that we can discuss . I am also in the same situation.
2003 forever
New Member
TinaG, Blackhole 2002 and Sacbee1
My case just got denied too. It's a NY EB3 2003 RIR application. I would appreciate if you could please kindly share your experience handling the denial. Did you finally get the denial letter? My lawyer asked me to wait, but I don't think "waiting" could do me any good. Any advice is greatly appreciated.
My case just got denied too. It's a NY EB3 2003 RIR application. I would appreciate if you could please kindly share your experience handling the denial. Did you finally get the denial letter? My lawyer asked me to wait, but I don't think "waiting" could do me any good. Any advice is greatly appreciated.
Labor Denied
Hi,
My labor denied filed on Oct '04/RIR . What I received in the NOF about the company my company send those details. But labor is Denied now in Mar 07, can I apply PERM, also I am in 7th year extn..
Should I wait six month for applying PERM any idea.
Thanks,
Marai
Hi,
My labor denied filed on Oct '04/RIR . What I received in the NOF about the company my company send those details. But labor is Denied now in Mar 07, can I apply PERM, also I am in 7th year extn..
Should I wait six month for applying PERM any idea.
Thanks,
Marai