RIR to non-RIR conversions Thread...

Z

zbcx123

Registered Users (C)
Anyone who got their RIR app denied from DoL may please join this thread ..

I would like to know the exact procedure of category conversion after DoL rejects a RIR application. Does employer have to respond for the conversion to complete or does SESA automatically treat ours as a non-RIR case?

Also, what can I expect to happen when my date is current (in SESA processing times)? i.e. does the employer needs to file a job order prior to that or does SESA sends a notice to my employer saying that the recruitment can begin?

Thanks
 
Originally posted by zbcx123
Anyone who got their RIR app denied from DoL may please join this thread ..

I would like to know the exact procedure of category conversion after DoL rejects a RIR application. Does employer have to respond for the conversion to complete or does SESA automatically treat ours as a non-RIR case?

Also, what can I expect to happen when my date is current (in SESA processing times)? i.e. does the employer needs to file a job order prior to that or does SESA sends a notice to my employer saying that the recruitment can begin?

Thanks
Click to expand...

There are two ways to convert RIR to non-RIR:
1. Remand to SESA by DOL regional to process as non-RIR, in the path, the disadvantage is that you can not tailor the job requirements based on your own skill set, it needs to be the same as your original requirement; advantage is that you will keep your priority date.

2. Withdraw your RIR case and refile a non-RIR, yes, that means you will have to start all from square one after two years long restless waiting. I know that some of the cases are converted into non-RIR this way. The advantage is that you can mofify the job requirement to fit better in you. When you take this path, the employer does not need to do advertisement right away, sometime down the road (maybe 2 years later, given the speed at the SESA level), SESA will ask the employer to do the ads for up to 3 weeks, SESA will look through all the applicants and ask the employer to do necessary interview, and the employer will have to send detail report about why you are the only one that fits this position ...


From my view, if you can, one should always try to persuade the employer to do a one day ads to rebutt the NOF, if this does not work out, you can still go back to do the non-RIR. Good luck to all....
 
thanks for the info yana...

Unfortunately, DoL has directly denied the recruitment waiver in my case without evening issuing a NOF.
 
RIR to Non-RIR

Hi ZBX,

My case met the same fate as yours today...so, I wanted to know what path have you taken to get out of this mud......
 
denied without issuing NOF?

is this after issuing the NOF first time and you went with re-test market option?
 
Never got any NOF...just a letter saying they can not approve the RIR application due to "deficiencies" in the application, so they have moved it to non-RIR...

Does anyone have an answer for me ?;;((
 
singh_amitk,

sorry to hear that...I got NOF and still haven't decided what to do. this whole thing sux!
 
What is NOF?

In my case, RIR has been denied, and my lawyer got instructions for further advertisements to be placed.

Several of you mention getting an NOF... what is that ?

My lawyer has just prepared an advertisement as per the instructions given and sent it for approval (sent on July 1st, 2003). Does anyone have any idea how long my labor cartification may take ? The advertisements have not yet been placed, because we are waiting for their approval.


My original priority date is October 23, 2001. (Philadelphia). I work and live in Virginia.

I am already on my 7th year extension of H1 visa, so I am very anxious.

Thanks for any help.
 
You must log in or register to reply here.
Top