The answer to the question depends completely on the exact nature of the relationship between your company and the client. Legally, you do not have to be employed by the company that's processing your Labor and 140, since GC is for future employment.prman said:Got it man, Thanks! I have one more question to you...
I am in my 7th year H1b, working at a client place, my company applied for Labor in March 2005 (TR), and recently in this month we have converted to "RIR" and it is in process.
Now, Client is considering me for a full time employement. What should I do?
I know that I can only change the company after the 140 is approved, provided my company should not revoke/cancel the 140.
What are my options? Should I ask my client to request my company to let the GC process go on till the 140 is approved? or Is there any other option to consider?
How do I convince my client and my company?
Please advice!!!
Thanks
ma_nonrir_eb3 said:The answer to the question depends completely on the exact nature of the relationship between your company and the client. Legally, you do not have to be employed by the company that's processing your Labor and 140, since GC is for future employment.
Since you are on 7th year extension, you depend on the pending case for H1B. I would suggest you wait until the 140 is approved, and then get a 3-year H1B extension based on approved 140. After that, you can move to the other company (by tranferring your H1B to them) and have them process new Labor and 140, and port the PD from the older approved 140. Of course, you would need to make sure that the older company does not go after you and revoke the older 140.
01/24/2007: DOL Procedure to Correct Type of BEC Cases on Status Report Site
- The Office of Foreign Labor Certification (OFLC) announces a procedure for employers or their authorized representatives to follow if they believe the case type as reflected on the Public Disclosure System (PDS) is incorrect (e.g., if it is listed as TR but they believe it should be RIR, or vice versa). In such an event, e-mail the general information e-mail box at the appropriate Backlog Elimination Center (BEC). The subject line of the e-mail must read "Incorrect Case Type - Case # [insert case number]." The body of the e-mail should explain why the employer believes the case type is incorrect. Any supporting documentation may be attached as a pdf. The BECs will review the case and reply as soon as possible based on the volume of requests. For the details, please visit OFLC site.
kaushiks said:Our Attorney never sent an email for RIR conversion. Instead he filed the conversion on Jan 17,2007. On Jan 19th it changed to RIR in process. Today the status changed to CERTIFIED
SinceJune2002 said:My attorney just filed RIR conversion on Jan 17, 2007. Any idea how long it may take to get certified. My details below:
CA / Non-RIR / EB3
PD : 06-10-2002
45D Letter Recv/Replied : 1-24-2006
TR to RIR Conversion Submitted : 1-17-2007
Case No: P-05172-XXXXX
Processing Type : TR (on 1/20/2007)
Case Status: In Process (on 1/20/2007)
cmishra said:My attorney sent the RIR conversion email on Jan 19th. They (the company & attorney) have started placing ads as well. I hope that RIR conversion packet would be sent by end of Feb.
vexlak said:Can you elaborate on the "filed for conversion"? I think that the instructions clearly indicated that you have to send a email. How do you file?
TNX!
For my wife's case, it took the lawyer around two months for preparing everything (prevailing wage, ads, recruitment reports ...).sanksin77 said:I will appreciate if somebody can tell me based on their experience -
How much time my lawyer should take before sending the RIR package to BEC?
---------------------------------
TX / Non-RIR / EB2
PD : 07-04-2003
Enterject NOF Recv/Replied: Dec 2004/Jan 2005
45D Letter Recv/Replied : 11-2005
Case No: D-05222-XXXXX
Processing Type : TR (on 1/25/2007)
Case Status: In Process (on 1/25/2007)
SinceJune2002 said:Today Jan 25, 2007 my case status shows as RIR. Hope it will clear soon.
CA / Non-RIR / EB3
PD : 06-10-2002
45D Letter Recv/Replied : 1-24-2006
TR to RIR Conversion Submitted : 1-17-2007
Case No: P-05172-XXXXX
Processing Type : RIR (on 1/25/2007)
Case Status: In Process (on 1/25/2007)
remandedDude said:What is your attorney doing about Prevailing Wage? How did he get the new PW?
Please share this info if you know.