Dallas Backlog Elimination Center Tracking

I sent an email to the Dallas Backlog Center in April. Here is the response I got:


May 16, 2005

Dear Requestor:

The purpose of this letter is to acknowledge your request regarding the
status of the above-referenced case.

The new case number is: NOT YET ASSIGNED
The above-referenced case has been transferred to one of the Division of
Foreign Labor Certification's Backlog Processing Centers. At this time,
we are unable to provide any additional status information on Permanent
Labor Certifications. All Processing Center files are in the process of
being transferred into a new database. Once the data entry process is
completed, a 45-day letter will be issued on all applications and
additional information will be requested from the employer if needed.
Please do not request additional status information for at least 90 days
after responding to the 45-day letter.
Sincerely,

DFLC Backlog Processing Center
 
Question on PD ...

Hello gurus ...

One of my friend has filed his labor in May-01 from CA under non-RIR. Later on (Aug-03) he converted into RIR and got cleared from state. His RD is Aug-04. He recd a letter from Dallas BRC and replied.

What would be his priority date? May-01 or Aug-03?

I told him, it should be May-01 and he may expect approval any time. He may contact his lawyer to know his status. I will keep you posted if he gets any details.

Thanks
 
F_Gandhi said:
Hello gurus ...

One of my friend has filed his labor in May-01 from CA under non-RIR. Later on (Aug-03) he converted into RIR and got cleared from state. His RD is Aug-04. He recd a letter from Dallas BRC and replied.

What would be his priority date? May-01 or Aug-03?

I told him, it should be May-01 and he may expect approval any time. He may contact his lawyer to know his status. I will keep you posted if he gets any details.

Thanks
Click to expand...

PD should be May-2001
What does the 45 day letter says as PD ?

thanks
 
LC approved

Hi guys!

My friend's LC was approved on Thursday last week. His PD was April 25, 2001 , from Louisiana.
 
Good to see this

I think, consulting companies screwed now.

*************************************
05/16/2005: USCIS Intends to Propose to Remove L/C Substitution and to Require I-140 Filing Within 45-Day of LC Approval

* In parallel with the DOL proposed rule for elimination of subsitution of alien beneficiary in the labor certification application, the USCIS also intends to propose a similar rule sometime within this year.

****************************************************

05/16/2005: DOL Proposes to Eliminate Substitution and to Mandate Use of Certified Labor Certification Within 45 Days

* On May 12, 2005, last Thursday, the DOL submitted to the White House OMB for its review a "proposed" regulation in order to remove the substitution of the alien beneficiary and to require filing of I-140 petition within 45 days of the certification of the ETA 750 or ETA 9089.
* The Department of Labor is proposing changes reportedly to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is proposing to eliminate the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL is proposing to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The proposed rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. DOL will also propose enforcement mechanisms to protect program integrity, including debarment with appeal rights. These proposed amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).

* This is a proposed rule and it may take some time before it is made a final or interim rule. However, sometimes, agencies changed or revised during the process of the OMB reviews from the proposed regulation to interim regulation or vice versa.
 
We need moreeee infoooooo plzzz on this

Please find out more info on this and update us.

Thanks

deead said:
Hi guys!

My friend's LC was approved on Thursday last week. His PD was April 25, 2001 , from Louisiana.
Click to expand...
 
Hey Icarus

Thanks for your feedback. I had asked you few question I am asking again.
As you mentioned before that now que has reached year 2002. Kindly let us know around which month it has reached. My PD is OCT 2003, have you seen anytime que jumping in year 2003 as you used to see it jumping in year 2002 while it was in 2001.
If you have seen has it reached anywhere near my PD.
I have replied to 45 day letter longtime back in January. My lawyer is trying to contact by phone but unable to do so.
I cann't understand what to do? Kindly provide your insight.
 
Impact on existing applications

DoNotWorry said:
I think, consulting companies screwed now.

*************************************
05/16/2005: USCIS Intends to Propose to Remove L/C Substitution and to Require I-140 Filing Within 45-Day of LC Approval

.....
Click to expand...

So, will it impact already filed or approved I-140 that used LC substitution?
 
Details

It was filed originally as a Non-Rir case on April the 25th and it was converted to Rir in July 2003 and reached the Regional Dallas office at the end of July 2003 ( after it was converted to Rir). I forgot to mention that it is a 245i case. The 45-days letter was received at the beginning of January ( I think) and it was replied at the end of the month. They were asking for some employer documents too like taxes , etc.
 
BEC status check

Does anybody know the BEC email address for the status check and what needs to be included in the body of the email?
Thanks.
 
has one one got 45 day letter recently?

My lawyer says that he has not received 45 days letters for a month now.

Anything changed? whats happening.

Have they given up the idea of 45 day letter?
or they are just busy doing something else?

Any one has any update?
 
I got 45 day letter last week ( case no with date April 22nd). Though one of my friends whose receipt no has 05 January has not got his 45 day letter yet.

Has anyone got receipt number in email from DOL but not 45 day letter.
 
Proposed Elimination of Labor Certification Beneficiary Substitution and PERM Regulat

posted today on www.immigration-law.com breaking news

05/17/2005: Proposed Elimination of Labor Certification Beneficiary Substitution and PERM Regulation

As we reported yesterday, the DOL and the USCIS have reached a concensus that it is time to eliminate the rule of substitution of alien beneficiary for the certified labor certification application because of the alleged pervasive fraud selling the approved labor certifications in the blackmarket. The Inspector General of the DOL reported to the Congress not too long ago his findings of such pervasive fraud. Obviously, if this is true, the DOL may have a concern that the current and future visa number backlog will exacerbate the fraudulent activities as the rule of substitution has laid a bridge for the aliens to bypass the visa number backlogs by illegally buying earlier priority dated labor certification applications. The current rule of substitution transfers the original priority date to the substituting alien beneficiary.
In parallel with such rule-making efforts, however, the DOL should have also initiated its efforts to revise the PERM regulation to make refiling of applications easier and attractive consistent with the original plan of the labor certification system reengineering. There is currently practical halt of refiling of labor certification application because of the PERM regulation which requires the withdrawal of the labor certification application before the Backlog Processing Centers. Obiviously, this policy was adopted and incorporated in the PERM regulation with an intent to prevent, among other reasons, such frauds involved in the substitution. Actually, for this matter, the DOL may even consider any multiple applications for the same alien beneficiary by the same employer as the potential source for such fraudulent activities inasmuch as the unsued certified labor certification applications are allowed for substitution of the alien beneficiary. However, inasmuch as such substitution rule is removed from their policy and practice, there is no reason why the DOL should keep the current PERM policy and rule that require or even consider withdrawal of pending pre-PERM labor certification application if the employer refiles the PERM application on behalf of the identical alien beneficiary, idential occupations, and identical location. It is thus urged that the DOL also initiates a rule-making process to revise the current PERM regulation and to permit the employers to refile an application under the PERM system without withdrawal of the pending labor certificdation application and without losing the priority date. Indeed, such revised policy will swift a large number of backlog cases from the Backlog Processing Centers to the PERM National Processing Centers, achieving the goal of removal of backlog cases in a short period of time and utilitization the valuable resources in the National Processing Centers more efficiently and effectively. Some questions whether valuable "adjudication" resources are currently being wasted at the National Processing Centers because of practical abandonment of PERM filings by the employers.
 
I recommend all fellow sufferers who are waiting for LC approval to join the conference call with Mr. Rajiv Khanna today at 1.00 PM EST. We can discuss how to sue the DOL in the court of law for the excruciating delays in processing of LC cases and the adverse impact that it has had in our lives.
 
mvinays said:
I recommend all fellow sufferers who are waiting for LC approval to join the conference call with Mr. Rajiv Khanna today at 1.00 PM EST. We can discuss how to sue the DOL in the court of law for the excruciating delays in processing of LC cases and the adverse impact that it has had in our lives.
Click to expand...

What is this conferance call about?
What number we need to call?
 
Rajiv will host a conference call at 1 PM Eastern Time Today (Wednesday, 18 May). The discussion will be limited for the most part to litigation against the government for delays and related matters.

Dial 641-985-0100
Access Code: 318388#
 
Take notes

could someone please take notes from the CC and post it here, I got another meeting (office crap),
Thanks in advance.
 
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