Immigration Issues/labor approval

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Question
mr arora
my file is put up for labor in april 2004 from minniasota in rir. now all the files are in backlock,so my question is that 1}how i can find out which date is running now?  2}according to you what time it will take in my case? 3}when i put my file my son was under 21 so will he eligible to get his along with me as now he is 21? 4}my husband has also file for labor in 2002 from ny ,now he on h4 so still his file is working?when he file for labor my son was 19 ,if his approval comes 1st than my son will get along with him?my son is now on f1.
i have ask you many question,but please reply to me for all.
thankyou

Answer
Hi Daksha,

It could take up to 2 more years for RIR to be approved, whether through Minnesota or NY. We cannot state how long it will take to be approved since cases are now being sent to the backlog processing centers and there has been no guidance from the Dept. of Labor as to the length of time it will take for approval, especially since RIR and non-RIR cases are being lumped together at the backlog processing centers.

Your husband's RIR can still proceed assuming that his employer did not revoke or abandon the RIR application. RIR allows for intention to work for the sponsoring company in the future, when the I-485 is approved. There is no requirement that your husband work for the sponsoring company currently. However, your husband is totally dependent upon the sponsoring employer to continue the RIR.

Your son will be unable to adjust status along with you and your husband since he is already 21 before I-140/I-485 can be filed.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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