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  • Labor certificate question

    I need some advice regarding labor certification for GC. I m working here in US for last 4 1/2 years on H1B visa. My company filed for labor certification in may 2002 in normal processing from NC state. But the normal processing is not moving since i filed, but RIR processing is now processing cases of sep 2003. Is there any way i can speed up my labor certification process. Is there a way to convert my regular processing application to RIR keeping same priority date? Can i refile my application under RIR? If yes, and and if i do file under RIR would it harm my case in any way? The reason i would like to speed up my process is because i only have 1 and half years of time on my H1B. Somebody recently from my company got his labor certification filed under RIR. Any help / advice in this matter is highly appreciated.

    Thanks and regards

  • #2
    I need some advice regarding labor certification for GC. I m working here in US for last 4 1/2 years on H1B visa. My company filed for labor certification in may 2002 in normal processing from NC state. But the normal processing is not moving since i filed, but RIR processing is now processing cases of sep 2003. Is there any way i can speed up my labor certification process. Is there a way to convert my regular processing application to RIR keeping same priority date? Can i refile my application under RIR? If yes, and and if i do file under RIR would it harm my case in any way? The reason i would like to speed up my process is because i only have 1 and half years of time on my H1B. Somebody recently from my company got his labor certification filed under RIR. Any help / advice in this matter is highly appreciated.

    Thanks and regards

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    • #3
      Because your labor certification was filed in May 2002, it is not eligible for conversion to the RIR track. (The cut-off date for conversion is in August 2001). While your labor certification is pending, you are eligible for additional H-1B time, so you will not run into the 6 year limit.

      Some good news is that the proposed PERM regulations will allow employers to convert pending labor certifications to the fast-track PERM process. (DOL is hoping to process PERM cases within 21 days. No, I'm not kidding.) Instead of trying to file an RIR case, you might want to talk to your employer/attorney about the possibility of converting your case to PERM when the program starts early next year.

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      • #4
        Thanks for responding to my question.I have heard about the PERM, but doesn't it get postponding all the time. I hope atleast it is true this time.

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