Multiple Labor from Same Employer BLUNDER - BEC Case status is "WITHDRAWN"

easygoing

Registered Users (C)
I am starting this new thread to discuss the new BLUNDER from BEC. My BEC case is EB3-Non-RIR with Oct 2002 priority date. As nothing was happening in this case for so many years, my employer got worried and filed a new PERM case in EB2 for different position in Aug 2005. The new case was approved and I-40 was also approved. Inspite of all this we were counting on the priority date of the old case. Now comes the real "Bomb Blast". My case is showing the status as WITHDRAWN since last friday.

I know this has happened to so many people in last one week. I am shocked and want people to share their ideas.
 
My case was showing "withdrawn" too

Here is reply from our immigration counsel. Supposedly she is very knowledgable about the topic. By the way, I work for Intel. Intel filed a Dual PERM LC for all employees who have pending RIR cases in BEC. I believe that DOL will enentully clear this mess, But the question is how long it will take.

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Response from Intel Immigration counsel in Littler Mendelson Law Firm

"We believe that the reason for the online status of your RIR labor certification case as "withdrawn" is due to an error at the DOL. As you know, you have both an RIR and PERM case filed with the DOL. In cases where a PERM filing is meant to replace a pending RIR application, the RIR application will be deemed withdrawn. In your case though, the PERM application indicated that it was not re-filing nor was utilizing the priority date from a previously submitted labor certification. Therefore, both your PERM and RIR labor certification applications should be considered separate applications.

We are currently working with the DOL's Backlog Elimination Center to re-open your RIR labor certification application and maintain your place in the processing queue. We will inform you once we have received confirmation that your RIR labor certification case has been re-opened.
"

My case

RIR: Eb-2 PD Feb 2005, Show Withdrawn starting Nov
PERM: EB-2 PD Jun 2006, I-140 approved as well.

Good luck to all of us and God Bless
 
That means its an error. PERM process still got tech issues. In that case it is ok to go ahead with new PERM because DOL will fix the error, it might delay the old labor but they can not cancel it. Its little +ve news atleast.

EB3-TR-MA-2004
EB2-PERM-MA-2006(planning)



>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Response from Intel Immigration counsel in Littler Mendelson Law Firm

"We believe that the reason for the online status of your RIR labor certification case as "withdrawn" is due to an error at the DOL. As you know, you have both an RIR and PERM case filed with the DOL. In cases where a PERM filing is meant to replace a pending RIR application, the RIR application will be deemed withdrawn. In your case though, the PERM application indicated that it was not re-filing nor was utilizing the priority date from a previously submitted labor certification. Therefore, both your PERM and RIR labor certification applications should be considered separate applications.

We are currently working with the DOL's Backlog Elimination Center to re-open your RIR labor certification application and maintain your place in the processing queue. We will inform you once we have received confirmation that your RIR labor certification case has been re-opened.
"

My case

RIR: Eb-2 PD Feb 2005, Show Withdrawn starting Nov
PERM: EB-2 PD Jun 2006, I-140 approved as well.
 
Case Status Withdrawn

mingxu_2006 said:
Here is reply from our immigration counsel. Supposedly she is very knowledgable about the topic. By the way, I work for Intel. Intel filed a Dual PERM LC for all employees who have pending RIR cases in BEC. I believe that DOL will enentully clear this mess, But the question is how long it will take.

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Response from Intel Immigration counsel in Littler Mendelson Law Firm

"We believe that the reason for the online status of your RIR labor certification case as "withdrawn" is due to an error at the DOL. As you know, you have both an RIR and PERM case filed with the DOL. In cases where a PERM filing is meant to replace a pending RIR application, the RIR application will be deemed withdrawn. In your case though, the PERM application indicated that it was not re-filing nor was utilizing the priority date from a previously submitted labor certification. Therefore, both your PERM and RIR labor certification applications should be considered separate applications.

We are currently working with the DOL's Backlog Elimination Center to re-open your RIR labor certification application and maintain your place in the processing queue. We will inform you once we have received confirmation that your RIR labor certification case has been re-opened.
"

My case

RIR: Eb-2 PD Feb 2005, Show Withdrawn starting Nov
PERM: EB-2 PD Jun 2006, I-140 approved as well.

Good luck to all of us and God Bless

WOW this makes me hopeful!!! thanks for the posting in detail. I have exactly similar situation. One more questoin how long did it take you to receive the response from DOL? My lawyer already notified to DOL about my case status. But lawyer haven't heard from DOL back.

Thanks
 
My lawyer just talked to the people in BEC yesterday and send the email request on re-opening the case. I have NOT received any confirmation from my lawyer nor BEC that says my case has been in-deed re-openned.
 
Mingxu_2006: Thanks for your detailed email. What your attorney said makes sense but again what makes common sense doesn't make any sense to BEC. You know why I filed for my second case, it was fear ( and I was pretty sure) that BEC will mess up the things when I'll be on my 7th year extension and thats why I wanted a backup. Atleast right now I am not so much worried as I have 2005 EB2 backup. One of my friend got letter of denial because of some mistake in filling the form. That poor guy is on 7th year extension and has only 2 months left on his H1.
 
I don't know how Oh got the information but this is already a news in www.immigration-law.com.
>>>
11/07/2006: Multiple Labor Certification Filing Alert

* There are growing number of reports that the BEC was sending out a "withdrawal" notice to the employer if the same employer filed a PERM application for the same job and the same alien "if" prior old priority date labor certification is pending at the BEC for the same employer for the same employee and for the same job. This withdrawal notice was sent out even if the employer did not request "retention of priority date of previous application" in the PERM application. Should this happen, the consequences will be so fatal and devastating if the BEC case has a very old priority date, the readers are cautioned to take this posting as an important alert. Reportedly this practice of the BECs loomed up only very lately.
* If the people read the FAQ of OFLC, this question was left opened and unanswered. They were supposed to make a policy decision on this issue, but without official announcement of policy change, apparently the BEC has adopted it as a new practice. Until this policy is resolved and clarified, people may hesitate to file a PERM application for the same job if a valuable old case is still pending at the BECs. Sooner or later, OFDC should come forward and clarify on the issue, and until that time. this reporter calls extra caution to the people.
<<<

I am also worried about my case although the status is still in process as of today. BEC must be crazy if they make such a policy to withdraw all cases with PERM filed.
 
Still waiting for response from BEC

I am also in the same boat - 1 RIR for position "a" and another approved PERM/1-140 for position "b" - from same employer..

My lawyer is saying that it will take another 2 weeks before we hear from DBEC..
 
a very good article on the multiple filing. Basicly it's not a clearly YES. But it's certain permitted. So I believe we can won the battle, but may lose precious time.

http://www.immigration.com/newsletter1/permfaqupdate2105.html
and

http://www.morganlewisresources.com...cationID/9da436ba-d220-41e1-93fc-9418003b844e

Quoted as "
DOL Revises its Position Against Multiple Labor Certification Applications for Same Employee


On August 11, 2005, the Department of Labor (DOL) posted a new round of FAQ responses on its PERM Web site (http://workforcesecurity.doleta.gov/foreign/perm.asp). The responses included an apparent prohibition against employers having more than one labor certification application in process at the same time for the same employee. The DOL stated that, under PERM, an employer could not have more than one labor certification application actively in process for any one employee at the same time, even if the job opportunities were different, and indicated that, upon the certification of a labor certification application, it would deny all other pending applications by the employer for the same employee.

On August 25, 2005, in an apparent retreat from the prohibition against multiple filings stated in the DOL’s August 8, 2005 PERM FAQ Web page, the FAQ now reads that the “Department is considering questions and information stakeholders have submitted in response to this FAQ posting, and will be developing and posting a clarified response in the near future.”

How This Affects You

Because the existing PERM regulation does not prohibit multiple labor certification applications, the DOL’s FAQ response posted on August 8th lacks regulatory authority and may violate the required rulemaking process. Given the significant objections raised since the August 8th posting, the DOL is revisiting its position. The multiple filing prohibition that was supposed to take effect August 31, 2005 is likely to be retracted. For now, multiple filing is still permitted.

We will provide further information as soon as it becomes available.
"
 
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Do you see your case withdrawn also ?

kevinJames said:
I am also in the same boat - 1 RIR for position "a" and
another approved PERM/1-140 for position "b" - from same employer..

My lawyer is saying that it will take another 2 weeks before we hear from DBEC..
 
kevinJames said:
Yes, since last week
I am in the same mess as you guys are. I have labor at PBEC with status "withdrawn" with PD April 2003. I have PERM with PD Mar 2006 approved.

My lawyer said that he will send an affidavit confirming that neither he nor the employer withdrew the application which sounds a bit lame to me given that I have told him the information posted on this forum.

Do you know what papers did your lawyer send to BEC?
 
Tyrant: My employer/lawyer right now just emailed them stating that we have not "WITHDRAWN" the application and requested them to re-open the case. Talking about multiple applications right now means giving too much information to them.
 
i called my lawyer and he recieved similar withdrawn notice for one client after one and half week so he asked me to wait until we recieve the paper.
he wants to appeal once the letter arrives.

this is completely ridiculous and screw our life and time.

mine pd is aug. 2001
 
My CASE "WIThDRWN" FROM TODAY

I see the same in my case , I contacted my attorney they say ...

"These are erroneous withdrawals. We are working with DOL to get this
resolved."

This is totally a big mess, My PD is June 2001 and not moving at all
finally I get this, I applied for my PERM last month and got approved
also My I-140 got approved. This is just to get my 3 year extension
as I am in my 11 th year extension, I was really hoping for my 2001
Labour approval all these years.


Please post if anyone case has been re-opened in this matter , If there is a hope to that happend how long would that take. ?
 
kevinJames said:
Yes, since last week
Did your lawyer wait for receiving some paperwork from BEC before sending the request to reopen your case? Also, do you know what did your lawyer respond with (affidavit, letter etc.) and thru what means (email, fax etc.).
 
my lawyer response without the withdraw paper with the email and copy of the 45-letter. She talked to the BEC on the phone first before she email the request for reopen.
 
mingxu_2006 said:
my lawyer response without the withdraw paper with the email and copy of the 45-letter. She talked to the BEC on the phone first before she email the request for reopen.

My lawyer sent an email mentioning 45-letter details but he did not speak to anybody in BEC.
 
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