recent RIR development
Oct 23rd 2002, 5:44 am
#1
Guest
Posts: n/a
recent RIR development
I want to share my experience and see if anyone is encountering the
same situation.
My RIR case was filed in May 2001 in Washington State. It was
processed at the state level and forwarded to DOL in San Francisco in
June 2002. According to the DOL phone update system, the case was
approved by July 2002. However, neither I nor the attorney received
any notification. After a few months of waiting, my attorney
contacted the DOL. We finally got a disappointing reply in October
2002. According to DOL, they had a computer "glitch" on their phone
update system. My RIR case was not approved due to the change in the
labor market. Current I have two options.
1. To continue the RIR process, my employer need to have another
round of advertisement and recruitment. Then DOL will reconsider the
RIR request base on the result of the new recruitment.
OR
2. The case can be remanded back to the state agency for regular
processing.
Is this common now a days? Any advice on which option to take?
same situation.
My RIR case was filed in May 2001 in Washington State. It was
processed at the state level and forwarded to DOL in San Francisco in
June 2002. According to the DOL phone update system, the case was
approved by July 2002. However, neither I nor the attorney received
any notification. After a few months of waiting, my attorney
contacted the DOL. We finally got a disappointing reply in October
2002. According to DOL, they had a computer "glitch" on their phone
update system. My RIR case was not approved due to the change in the
labor market. Current I have two options.
1. To continue the RIR process, my employer need to have another
round of advertisement and recruitment. Then DOL will reconsider the
RIR request base on the result of the new recruitment.
OR
2. The case can be remanded back to the state agency for regular
processing.
Is this common now a days? Any advice on which option to take?
Oct 23rd 2002, 9:46 am
#2
Guest
Posts: n/a
Re: recent RIR development
On Tue, 22 Oct 2002 22:44:45 -0700, Crazy Monkey wrote:
> I want to share my experience and see if anyone is encountering the same
> situation.
> My RIR case was filed in May 2001 in Washington State. It was processed
> at the state level and forwarded to DOL in San Francisco in June 2002.
> According to the DOL phone update system, the case was approved by July
> 2002. However, neither I nor the attorney received any notification.
> After a few months of waiting, my attorney contacted the DOL. We
> finally got a disappointing reply in October 2002. According to DOL,
> they had a computer "glitch" on their phone update system. My RIR case
> was not approved due to the change in the labor market. Current I have
> two options.
> 1. To continue the RIR process, my employer need to have another round
> of advertisement and recruitment. Then DOL will reconsider the RIR
> request base on the result of the new recruitment.
> OR
> 2. The case can be remanded back to the state agency for regular
> processing.
> Is this common now a days? Any advice on which option to take?
Your attorney should guide you. Personally, I would probably go for
option 1. It is somewhat risky because if that second round is denied,
you would have lost additional time and would have to start over. On the
other hand, if you go for the regular processing, you KNOW you will be
delayed by quite a few years. This is SLOW.
There is one additional aspect to it: if you can stall it for a few more
months, you might be able to change your LC to the new PERM program. When
(if) this gets off the ground, Labor Certfications will work somewhat
similar to today's LCAs and be approved in a few weeks. Supposedly, once
that starts, you will be able to change from regular or RIR to PERM.
> I want to share my experience and see if anyone is encountering the same
> situation.
> My RIR case was filed in May 2001 in Washington State. It was processed
> at the state level and forwarded to DOL in San Francisco in June 2002.
> According to the DOL phone update system, the case was approved by July
> 2002. However, neither I nor the attorney received any notification.
> After a few months of waiting, my attorney contacted the DOL. We
> finally got a disappointing reply in October 2002. According to DOL,
> they had a computer "glitch" on their phone update system. My RIR case
> was not approved due to the change in the labor market. Current I have
> two options.
> 1. To continue the RIR process, my employer need to have another round
> of advertisement and recruitment. Then DOL will reconsider the RIR
> request base on the result of the new recruitment.
> OR
> 2. The case can be remanded back to the state agency for regular
> processing.
> Is this common now a days? Any advice on which option to take?
Your attorney should guide you. Personally, I would probably go for
option 1. It is somewhat risky because if that second round is denied,
you would have lost additional time and would have to start over. On the
other hand, if you go for the regular processing, you KNOW you will be
delayed by quite a few years. This is SLOW.
There is one additional aspect to it: if you can stall it for a few more
months, you might be able to change your LC to the new PERM program. When
(if) this gets off the ground, Labor Certfications will work somewhat
similar to today's LCAs and be approved in a few weeks. Supposedly, once
that starts, you will be able to change from regular or RIR to PERM.
Oct 23rd 2002, 3:35 pm
#3
Guest
Posts: n/a
Re: recent RIR development
[email protected] (Crazy Monkey) wrote in message news:...
> I want to share my experience and see if anyone is encountering the
> same situation.
> My RIR case was filed in May 2001 in Washington State. It was
> processed at the state level and forwarded to DOL in San Francisco in
> June 2002. According to the DOL phone update system, the case was
> approved by July 2002. However, neither I nor the attorney received
> any notification. After a few months of waiting, my attorney
> contacted the DOL. We finally got a disappointing reply in October
> 2002. According to DOL, they had a computer "glitch" on their phone
> update system. My RIR case was not approved due to the change in the
> labor market. Current I have two options.
> 1. To continue the RIR process, my employer need to have another
> round of advertisement and recruitment. Then DOL will reconsider the
> RIR request base on the result of the new recruitment.
> OR
> 2. The case can be remanded back to the state agency for regular
> processing.
> Is this common now a days? Any advice on which option to take?
I'm very shocked on your experience and I sympathize with you.
Just a question:
1. Are you on H1-B? how long?
2. What is your profession?
Thanks.
> I want to share my experience and see if anyone is encountering the
> same situation.
> My RIR case was filed in May 2001 in Washington State. It was
> processed at the state level and forwarded to DOL in San Francisco in
> June 2002. According to the DOL phone update system, the case was
> approved by July 2002. However, neither I nor the attorney received
> any notification. After a few months of waiting, my attorney
> contacted the DOL. We finally got a disappointing reply in October
> 2002. According to DOL, they had a computer "glitch" on their phone
> update system. My RIR case was not approved due to the change in the
> labor market. Current I have two options.
> 1. To continue the RIR process, my employer need to have another
> round of advertisement and recruitment. Then DOL will reconsider the
> RIR request base on the result of the new recruitment.
> OR
> 2. The case can be remanded back to the state agency for regular
> processing.
> Is this common now a days? Any advice on which option to take?
I'm very shocked on your experience and I sympathize with you.
Just a question:
1. Are you on H1-B? how long?
2. What is your profession?
Thanks.
Oct 24th 2002, 3:15 am
#4
Guest
Posts: n/a
Re: recent RIR development
> I'm very shocked on your experience and I sympathize with you.
> Just a question:
> 1. Are you on H1-B? how long?
Yes, I am on H1-B. Still have a few more years.
> 2. What is your profession?
Computer software.
> Just a question:
> 1. Are you on H1-B? how long?
Yes, I am on H1-B. Still have a few more years.
> 2. What is your profession?
Computer software.
Nov 1st 2002, 12:19 pm
#5
Guest
Posts: n/a
Re: recent RIR development
Ingo Pakleppa wrote in message news:...
> Your attorney should guide you. Personally, I would probably go for
> option 1. It is somewhat risky because if that second round is denied,
> you would have lost additional time and would have to start over. On the
> other hand, if you go for the regular processing, you KNOW you will be
> delayed by quite a few years. This is SLOW.
>
> There is one additional aspect to it: if you can stall it for a few more
> months, you might be able to change your LC to the new PERM program. When
> (if) this gets off the ground, Labor Certfications will work somewhat
> similar to today's LCAs and be approved in a few weeks. Supposedly, once
> that starts, you will be able to change from regular or RIR to PERM.
Depending on the processing time where you are, you may not have time
to do it the long way. My RIR got denied along with many, many others
from the banking sector and by the time that had happened ... it was too
late to start the other process. I'm sitting tight and waiting for the labor
market to pick up again and then we'll think about a refile.
I haven't heard about PERM, what is it and what are the requirements
going to be for it? I assume that companies still have to prove they
need the people, which is a tough call these days.
Roland
> Your attorney should guide you. Personally, I would probably go for
> option 1. It is somewhat risky because if that second round is denied,
> you would have lost additional time and would have to start over. On the
> other hand, if you go for the regular processing, you KNOW you will be
> delayed by quite a few years. This is SLOW.
>
> There is one additional aspect to it: if you can stall it for a few more
> months, you might be able to change your LC to the new PERM program. When
> (if) this gets off the ground, Labor Certfications will work somewhat
> similar to today's LCAs and be approved in a few weeks. Supposedly, once
> that starts, you will be able to change from regular or RIR to PERM.
Depending on the processing time where you are, you may not have time
to do it the long way. My RIR got denied along with many, many others
from the banking sector and by the time that had happened ... it was too
late to start the other process. I'm sitting tight and waiting for the labor
market to pick up again and then we'll think about a refile.
I haven't heard about PERM, what is it and what are the requirements
going to be for it? I assume that companies still have to prove they
need the people, which is a tough call these days.
Roland
Nov 1st 2002, 3:04 pm
#6
Guest
Posts: n/a
Re: recent RIR development
On Fri, 01 Nov 2002 05:19:12 -0800, noone wrote:
> Ingo Pakleppa wrote in message
> news:...
>> Your attorney should guide you. Personally, I would probably go for
>> option 1. It is somewhat risky because if that second round is denied,
>> you would have lost additional time and would have to start over. On
>> the other hand, if you go for the regular processing, you KNOW you will
>> be delayed by quite a few years. This is SLOW.
>>
>> There is one additional aspect to it: if you can stall it for a few
>> more months, you might be able to change your LC to the new PERM
>> program. When (if) this gets off the ground, Labor Certfications will
>> work somewhat similar to today's LCAs and be approved in a few weeks.
>> Supposedly, once that starts, you will be able to change from regular
>> or RIR to PERM.
>
> Depending on the processing time where you are, you may not have time to
> do it the long way. My RIR got denied along with many, many others from
> the banking sector and by the time that had happened ... it was too late
> to start the other process. I'm sitting tight and waiting for the labor
> market to pick up again and then we'll think about a refile.
>
> I haven't heard about PERM, what is it and what are the requirements
> going to be for it? I assume that companies still have to prove they
> need the people, which is a tough call these days.
>
> Roland
The general idea behind PERM is that rather than Department of Labor
looking at each case individually, they allow the employer to do the
recruiting and then simply assert that they did, similar to the LCA works
for H-1Bs. DOL would pull some PERM cases for an audit, but in most cases
would more or less automatically approve them. See
http://www.immigrationoptions.com/new_news2.htm
> Ingo Pakleppa wrote in message
> news:...
>> Your attorney should guide you. Personally, I would probably go for
>> option 1. It is somewhat risky because if that second round is denied,
>> you would have lost additional time and would have to start over. On
>> the other hand, if you go for the regular processing, you KNOW you will
>> be delayed by quite a few years. This is SLOW.
>>
>> There is one additional aspect to it: if you can stall it for a few
>> more months, you might be able to change your LC to the new PERM
>> program. When (if) this gets off the ground, Labor Certfications will
>> work somewhat similar to today's LCAs and be approved in a few weeks.
>> Supposedly, once that starts, you will be able to change from regular
>> or RIR to PERM.
>
> Depending on the processing time where you are, you may not have time to
> do it the long way. My RIR got denied along with many, many others from
> the banking sector and by the time that had happened ... it was too late
> to start the other process. I'm sitting tight and waiting for the labor
> market to pick up again and then we'll think about a refile.
>
> I haven't heard about PERM, what is it and what are the requirements
> going to be for it? I assume that companies still have to prove they
> need the people, which is a tough call these days.
>
> Roland
The general idea behind PERM is that rather than Department of Labor
looking at each case individually, they allow the employer to do the
recruiting and then simply assert that they did, similar to the LCA works
for H-1Bs. DOL would pull some PERM cases for an audit, but in most cases
would more or less automatically approve them. See
http://www.immigrationoptions.com/new_news2.htm
