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Listserv Q&A for "Labor Certification with Joel Stewart"

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Question:

On behalf our firm, let me say we all very much enjoyed listening to your ILW.COM tele-conf on Feb 22 on labor certs. I have a question regarding the DOL conversion reg. I know this is a topic on the agenda for Part 2 of the tele conf series but I am hoping you might give me some insight now and/or include this particular question in your discussion of conversion on Mar 22. Here's the fact scenario: RiR filed in Calif for a high tech job; SESA sends Assessment Notice on adequacy of recruitment during 6 month window preceding date of filing; employer agrees its recruitment was inadequate and advises SESA to put case into regular non-RIR recruitment queue which, in California, means a year delay at least. Query: could the employer conduct a new 6 month period of recruitment and submit proof with a new summary of recruitment to SESA asking them to convert case back to RiR? I see nothing in the conversion reg specifically addressing this particular issue. Appreciate your thoughts.

Answer from Joel Stewart:

Yes, it is permissible to convert from RIR to regular and back to RIR. It's specifically outlined in Attachment B to GAL 2-02: Item #9. http://www.ilw.com/immigrationdaily/News/2001,1119-GAL2-02B.pdf


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