From Non RIR to RIR

[Raj Mittal]

My friend just informed me that it is possible that a NON RIR case can be transfer as RIR case and keep the same NON-RIR prioirty date. Is it true? I think that it is proposed change and not effective yet. Can any one throw any light on this .

Thanks
-Raj

[immi888]

Yes. It is old rule not new one. As long as you company qualified continuous recuiting for 6 month (now this rule could be ruduced to 3 month) on your position and no lay off during this period, you can change your LC to RIR.

[Raj Mittal]

From Non RIR to RIR

Sorry, I missed one point. I didn't get my labor yet. Still is it possible to pull out the NON-RIR application and treated as RIR application keeping the same old priority date.

-raj

[immi888]

Non RIR to RIR

You do not need to get the first Non RIR approved to obtain eraly PD. Once your RIR LC approved, the PD would be your early Non RIR application date. It is treated as same applicaton. Of course, you PD would be officially confirmed once your I140 is approved.