Re: DOL to EDD remand
I can think of one thing.
Keep the converted non RIR application valid. It won't be processed until probably scientists defy the rules of gravity and build a car that floats in the air. In anycase, while your non RIR application is active, you obtain indefinite H-1B renewals using the the Twenty First Century American Competitiveness Act (AC21).
You wait for PERM regulations to come out and you convert your application to PERM by redoing the advertising and satisfying all the requirements. PERM is the new proposed approach American companies will follow when applying for foreign labor certifications. You file it with DOL, not SESA and you are approved without any reviews from DOL. Within one or two days, they send you a receipt of acceptance and you take that receipt as your proof to the Legacy INS of your labor certification. Basically, DOL shifted the responsibility of auditing a labor certification to the company itself.
Unfortunately, PERM only allows people with higher degrees to apply (minimum of a masters) alongside with other strict rules, such as web advertising on listed web sites approved by DOL like Monster.com, etc. Your company has to perform career fairs, newspaper advertising, etc. PERM should come out in May. It is under OMB review and the budget for it has been approved.
When the Reduction in Recruitment rules came out few years ago, many people converted their old applications (supervised recruitment applications also referred to as non RIR) to RIR. I am assuming that such conversion should also be applicable in a PERM situation.
Just my thoughts, hope this helps
This is not a legal advice, I am stricly an amateur.
Originally posted by h1b_valid2004
Guys,
Check out my timeline...anybody else on this list like me.
Timeline for ur refrence
1. Filed in 5/30/2001.(EDD/Labor state)
2. Goes to Federal state on: December 2001
3. Recvd at Federal : Jan 2002
4. Retest Remand Letter - March 2003
- My employer provided retest data to them
5. Denied RIR - went to EDD as non RIR case- April 2003
6. Haven't heard from them last one year - April 2004
There were some optimistic moments where DOL had agreed it will take back all the cases which they had put back to EDD. Actually many cases did got approval who were filed after me
but for my particular case.....looks like it is lost hope....
Non-RIR cases hardly move.
Can anybody suggest what option I have . I have expliring H1.
Seeking GC has been a very bad experince for me.
- Ajay