TR to RIR conversion tracker

I just checked with my Lawyer, And they are saying that my case status is showing as RIR. I did not receive any email notifying me of the conversion. My conversion was filed on Dec 08th.
 
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
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.
 
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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.

Thanks for your suggestions!
 
TR to RIR Conversion

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 :)
 
Wow, certified in a week?

Great to know that your case was certified within a week of filing for conversion. I am in the same boat too. My lawyer did not send any conversion email but directly filed my conversion on 01/16/07. However, my case still shows as TR in process..:-(..

Hopefully mine will be certified soon too.
 
Incorrect processing type in PDS site

Update on immigration law website

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 :)

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!
 
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)


Today Jan 25, 2007 my case status shows as RIR. Hope it will clear soon. :D

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)
 
Anybody filed the conversion in dec?

So glad to see so many of you filed got the positive response from DOL after filling the conversion in Jan. I am wondering if anybody here filed the conversion before the new conversion FAQ was released around 12/22/06? If so, have you got some response from DOL or seen the process type changes.

My wife's company filed the conversion for her on 12/12/06 and hasn't heard anything since then. The online process type still shows TR :(. Here are the details for her case:

PD : 9/162004
Processing Type: TR
DBEC case# : D-05196-xxxxx
Cast Status : IN PROCESS
45 Day Letter Received: 02/16/06 (replied one week later)
RIR Conversion Mail sent: 12/12/06 (Received by DOL next day based on the shipping track info)
RIR Conversion email sent: never (the lawyer said it is unnecessary)
 
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TR to RIR conversion email sent.

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)
 
RIR conversion email sent

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.
 
What is your attorney doing about Prewailing Wage? How did he get the new PW?
Please share this info if you know.

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.
 
You dont necessarily have to send an email if you want to convert to RIR. You send email to tell them that I am inteding to do RIR conversion so if they were going to send you Recruitment instructions they will hold it. Hence its called "hold harmless". You can still file for RIR-Conversion directly. In fact thats what my attorney is doing. She suggested not to take risk of case being closed in the case if many american job seekers apply and what if we can not send the RIR package by the suggested deadline of April 1st.

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!
 
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)
For my wife's case, it took the lawyer around two months for preparing everything (prevailing wage, ads, recruitment reports ...).
 
Was the recruitment done before your case was transferred to BEC? Among those approved Non-RIR cases, I believe most of them are remanded cases or the ones whose recruitments were done before transferred to BECs. Even for some of them were claimed for being approved after the recent conversion, I kind of doubt the approval reason is because of conversion. If there was no recruitment done for your case before, I would say it is a very good sign showing that BECs really work fast now.

SinceJune2002 said:
Today Jan 25, 2007 my case status shows as RIR. Hope it will clear soon. :D

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)
 
what are the options

My lawyer just emailed me that he got a response back from BEC for the acknowledgement of the intent to convert to RIR. However, the prevailing wage that they sent back is far beyond what I get paid. We used the state prevailing wage when we do the original TR labor cert a few years back. I am aware of the pw issue before decided to convert but didn't know that BEC will use that so much high wages.

Now that the intent was acknowledge and there is no point of return to TR. It's do or die. What are the options that I have? Can anybody give me some advice? Really appreciate it....!!!
 
RIR Converstion Request Submitted

Hello All:

On January 19th my attorney sent out an email for RIR conversion. I am yet to hear any response from DOL.

What should I expect next.

Thx!
Ray

PD: AUG2002
Non-RIR to RIR conversion submitted
SESA Michigan
 
We are advertising without the wage information. The attorney expects to get this info by the time they start recruitment (review resumes) based on ads. My attorney is murthy.com law firm and I believe they know what they are doing.

remandedDude said:
What is your attorney doing about Prevailing Wage? How did he get the new PW?
Please share this info if you know.
 
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