Multiple Labor from Same Employer BLUNDER - BEC Case status is "WITHDRAWN"

My case is messed up too...status changed from In Process to withdrawn...The lawyer is looking into it...Priority date is nov 2002...PERM and I140 approved in 2005 but because of retrogression ..I was hoping to get rir labor with nov 2002 priority date certified ..so I could move to the next stage ...now this...

Lets keep this thread up to date with any info or changes...so that we are all better informed to tackle this problem..

CA, EB2 - RIR
PD: 11-18-2002
45 DL : not received,
Attorney sent email to PBEC on July 21, 2006
ETA# P-04321-0xxxx

Staus changed to Withdrawn: 11-07-2006

PERM:
Certified ETA 9089 06-19-2005
I-140 Filed: 04-26-2006
I-140 Approved: 09-05-2006
Approved I-140 received by attorney: 9-29-2006








easygoing said:
If anybody gets any reply from BEC, please post it ASAP.
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Both PERM and RIR cases were EB2 ?

rir2002 said:
My case is messed up too...status changed from In Process to withdrawn...The lawyer is looking into it...Priority date is nov 2002...PERM and I140 approved in 2005 but because of retrogression ..I was hoping to get rir labor with nov 2002 priority date certified ..so I could move to the next stage ...now this...

Lets keep this thread up to date with any info or changes...so that we are all better informed to tackle this problem..

CA, EB2 - RIR
PD: 11-18-2002
45 DL : not received,
Attorney sent email to PBEC on July 21, 2006
ETA# P-04321-0xxxx

Staus changed to Withdrawn: 11-07-2006

PERM:
Certified ETA 9089 06-19-2005
I-140 Filed: 04-26-2006
I-140 Approved: 09-05-2006
Approved I-140 received by attorney: 9-29-2006
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Me too...

Hi Guys...

I am going to join the club also..

My old labor 2001 NON-RIR is showing status as withdrawn today.

I am going to talk to my lawyer tomorrow...

Please update the forum..if anybody gets the response from lawyer/BEC. That will give us some idea what is going on..

Thanks
 
Did they reopen in your case?

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
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Can you please tell if they have re-opened the case? I have same as yours and I have same reply from the counsel, I see my status as "WITHDRAWN" since yesterday , can you please share if in your case has every been opened ?
 
No, I haven't got any response from my lawyer. I supposed it takes about 2 weeks for the BEC to response.

As more and more people join the "withdrawn" club, I believe DOL will address this by a Q&A soon. Let's pray they will NOT prohibit the type of multiple filling at least for people have the cases already in the system.
 
RIR withdrawn and PERM approved but..

We received RIR withdrwn letter at my lawyers office last week for my RIR - EB2-May 2002 from PBEC. I was shocked and worried for last whole week as my PERM was still pending.

Yesterday we received my PERM approval and God is Great, as informed to me by lawyer, my PERM approval says PD to be May 2002 as if this was convergen case from RIR to PERM. My lawyer is also not sure what happenend and want to take credit for doing wonderful job of may be his first convegence case which probably is not true as I never told him to do that.

I am happy as now my case is current and I am applying for Priority I-140 going out on Monday with cncurrent filing of I-485...After 4-1/2 years wait.

Best luck to all of you.
 
Wow, for most of us here this withdraw is devastating, while for you it's like a gift from GOD! What a mess in BEC! Congratulations though.


bmgc said:
We received RIR withdrwn letter at my lawyers office last week for my RIR - EB2-May 2002 from PBEC. I was shocked and worried for last whole week as my PERM was still pending.

Yesterday we received my PERM approval and God is Great, as informed to me by lawyer, my PERM approval says PD to be May 2002 as if this was convergen case from RIR to PERM. My lawyer is also not sure what happenend and want to take credit for doing wonderful job of may be his first convegence case which probably is not true as I never told him to do that.

I am happy as now my case is current and I am applying for Priority I-140 going out on Monday with cncurrent filing of I-485...After 4-1/2 years wait.

Best luck to all of you.
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Thanks for the update bmgc....this is amazing....Congratulations!!

I guess I may not be as lucky as you since I already have an approved PERM case (PD Jan 2006). But, lets see what the BECs have in store. My lawyer has sent them an email but no response yet about my 'Withdrawn" TR case.

Everyone, please post any updates on this matter so we all don't keep wondering.

bmgc said:
We received RIR withdrwn letter at my lawyers office last week for my RIR - EB2-May 2002 from PBEC. I was shocked and worried for last whole week as my PERM was still pending.

Yesterday we received my PERM approval and God is Great, as informed to me by lawyer, my PERM approval says PD to be May 2002 as if this was convergen case from RIR to PERM. My lawyer is also not sure what happenend and want to take credit for doing wonderful job of may be his first convegence case which probably is not true as I never told him to do that.

I am happy as now my case is current and I am applying for Priority I-140 going out on Monday with cncurrent filing of I-485...After 4-1/2 years wait.

Best luck to all of you.
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Find one Q&A from murthy Law related to this. It seems we have a case.


Question: Hi, Miss Murthy. What are the chances of approval regarding filing the labor when the earlier labor was filed incorrectly? I do not want to file PERM since I will lose my priority date.

Answer: This question does not seem to make sense. If the earlier LC was filed incorrectly and denied or rejected, then that earlier PD is lost unless the DOL is retaining that PD for some reason. It is possible that if the earlier LC is valid, then that can continue even after a new PERM case is filed, since the DOL allows both a pre-PERM and a PERM case to be filed and processed simultaneously, per the revoked FAQ of the DOL.Oct-30-2006.
 
Hi, I am uploading a DOL FAQ which clearly states that there can be multiple filing from same company/same employee but different position. I think there was some technical issues for cases that are wrongly withdrawn. DOL faq attached.

mingxu_2006 said:
Find one Q&A from murthy Law related to this. It seems we have a case.
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Hopefully a sign of relief for you guys:

11/10/2006: Update of Multiple Labor Certification Filings

**************************************
From Oh Lawfirm:
We reported a few days ago that there had been incidents of withdrawal of PERM applications when the employer had a traditional application pending at the BEC and even if the employer did not check in the PERM application that the employer wanted to retain the priority of another pending application at the BEC.
We have a good news. AILA has just reported that the OFLC confirmed that it had happened not because of the policy but because of the decision metrix glitch!! The OFLC intends to reinstate these withdrawal cases.
Thanks to AILA for the job well done.
*****************************************
 
just want to share with you all, reponse from our lawyer. Please update this forum whenever your case is reinstated ASAP.

"we were informed this morning of the internal computer problem at DOL. This is certainly good news, we expect further information from DOL early next week on this mishap"
 
Update from my lawyer

My lawyer said this morning that DOL has informed AILA that they are aware of IT glitch which has resulted in withdrawal of pending RIR cases at BEC if a PERM was filed even when PERM did not requested the priority date of RIR. We are hoping to hear back soon from DOL.

This is a bit relief..
Let's hope we will pass through this unexpected-hurdle in GC mega-marathon.
 
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