I work for company B.
My labour for green card was filed by company A in the EB2 RIR category in June 2001 in Seattle WA.(CompanyA had some layoffs prior to filing my GC and after that but not in similar software engg positions.)
Company A was bought by CompanyB about10 months back.At that time there were many layoffs in both cos. Managed to stay on in new company A.However since then last 8 months or so there have been no layoffs in company B. Got a letter this week from DOL saying "Intent To Deny".
Company A lawyers handling GC now says they will be preparing point by point steps taken to hire personel for my post and show why they did not succeed.
My thinking is RIR under present economy is a tough sell to DOL.
1.Do I stand a chance??
2.Will DOL look at layoffs over the whole period since my labour was filed in June 2001.
3. Can i file under non RIR with same priority dates or would company need to refile and go thru whole process.
4.Will DOL decide based on company A's lawyers response or will there be further qs??