Breaking news in http://www.immigration-law.com/ :
10/05/2006: Traditional Labor Conversion to RIR Rule to be Published
Tomorrow, 10/06/2006
a.. According to the advance copy of the federal register which the AILA
has obtained, the DOL will change the rule such that the traditional
(regular) labor certification application may be allowed to be convered to
RIR for all those cases which have been pending since March 27, 2005 except
those applications the state had already started the recruitment by job
order or the BEC has started the recruitment processing by issuing the job
order and recruitment instructions. Consequently, if people have already
received the recruitment instructions, these cases will not be eligible for
the conversion. Additionally, those cases, which the SWA had already started
the recruitment process before March 28, 2005 when they ceased their work
and transferred the files to the BEC will also be excluded from the
conversion opportunity. If the cases had already been completed by the SWAs
and forwarded to the Region's Certifying Officers, and then later shipped to
the BEC, these cases will also be excluded. The notice does not make it
clear, but it is obvious that if the SWA forwarded RIR application to the
Regions for the CO's review of eligibility of RIR, which have later been
remanded to the SWA by the CO after denying RIR and the cases had been
automatically converted to a traditioanl application and pending in BEC for
processing as traditional cases under the traditional case queue, these
cases are likely to be eligible for conversion and no recruitment has been
commenced as a traditional application. For the to-be-released federal
notice tomorrow, please stay tuned to this web site.