Multiple Labor from Same Employer BLUNDER - BEC Case status is "WITHDRAWN"

indianpresent said:
http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#filing13
(Check pojnt #12 and #13)
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It is clearly stated in #12 that:

This FAQ does not address the situation in which an application for the same employer, alien and job opportunity is pending under both the prior and new PERM regulation. DOL is considering stakeholder input on this situation, which in some cases may have implications for priority dates.

Also, they have withdrawn answer to #13 which is totally weird.

Hopefully the good news that these withdrawals were due to computer glitch, is real. I have my fingers crossed.
 
You are right. DOL is ambiguous for two applications for same company/employee/job offer. But for other variations DOL is clear that it is valid cases. Some of the cases in this forum do not belong to first category at all. Hopefully DOL will correct this error asap.

tyrant said:
It is clearly stated in #12 that:

This FAQ does not address the situation in which an application for the same employer, alien and job opportunity is pending under both the prior and new PERM regulation. DOL is considering stakeholder input on this situation, which in some cases may have implications for priority dates.

Also, they have withdrawn answer to #13 which is totally weird.

Hopefully the good news that these withdrawals were due to computer glitch, is real. I have my fingers crossed.
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Update of Multiple Labor Certification Filings

Just to inform some good news. I think, we need not worry according to following information.

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

We reported a few days ago that there had been incidents of withdrawal of BEC TR applications when the employer filed a PERM application for the same employee and even if the employer did not check in the PERM application that the employer wanted to retain the priority date of another pending TR 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 computer glitch!! The OFLC intends to reinstate these withdrawal cases.
Thanks to AILA for the job well done.

Source
http://www.immigration-law.com/Canada.html

Hope this will give some relief.

SRK
 
Thanks everybody for joining hands !

When I started this thread, I was not sure that people will join hands so quickly and we will have such fantastic information sharing about this BLUNDER from BEC. Lets hope that this problem will be solved soon.

Please keep this thread updated about your case so that no one is left behind alone to fight with BEC and the people who are not still aware about their status as WITHDRAWN can find this thread and are not shocked like us on seeing their status online.

Cheers,
 
Did the status change for anybody? Mine still shows as WITHDRAWN. Please let us know as soon as there is any news.
 
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Still showing as "Withdrawn"

Status of my case is still showing "Withdrawn"
It will be really useful if folks can let know if their status has changed.



easygoing said:
Did the status changed for anybody? Mine still shows as WITHDRAWN. Please let us know as soon as there is any news.
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BEC Sucks

I just got a letter from BEC confirming "request" of case withdrawal. What another mess BEC is making! :confused: :mad: I will update if my case online status changes back.
 
Hi, Easygoing

easygoing said:
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.
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First thanks for bring this to everyone's attention.

I am in the same boat as you except that I do not know the status of the pending EB3 RIR with PD July 04. I just emailed my lawyer. I have an approved I-140 EB2 PD 9/05 with the same employer.

My question is how you plan to use the old PD as I-140 based on new PD is already filed and approved. If we can use the old PD in anyway, it will be great! Thanks.
 
Something like I-140 refiling. That would mean that that u will file an I140 again with the old PD. I read it in Murthy. Did you speak to ur attorney ? Check some chat seesion of murthy.com. Try last 4/5 weeks, its there.

meg_z said:
First thanks for bring this to everyone's attention.

I am in the same boat as you except that I do not know the status of the pending EB3 RIR with PD July 04. I just emailed my lawyer. I have an approved I-140 EB2 PD 9/05 with the same employer.

My question is how you plan to use the old PD as I-140 based on new PD is already filed and approved. If we can use the old PD in anyway, it will be great! Thanks.
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meg Z: As far as I know, we will have to file I-140 for the old case also and get it approved. It doesn't matter if its in Eb2 or Eb3. Mine PERM is EB2 and BEC one is Eb3. Once both new and old I-140s are approved, we can file for I-485 for Eb2 requesting to use priority date of old I-140.

I have read this on so many sites but never met anybody who has done it.
 
easygoing said:
meg Z: As far as I know, we will have to file I-140 for the old case also and get it approved. It doesn't matter if its in Eb2 or Eb3. Mine PERM is EB2 and BEC one is Eb3. Once both new and old I-140s are approved, we can file for I-485 for Eb2 requesting to use priority date of old I-140.

I have read this on so many sites but never met anybody who has done it.
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I'm confused ... Are you sure you can file I-485 as EB2 when you use the BEC Priority Date? From your post, the BEC LC is filed as EB3.
 
Suppose you have two cases.
Case1 - EB3 - 140 approved.(prior)
Case2 - EB2 - 140 approved. (later)

In that case you can refile EB2 140 again with EB3 PD.

manwithnoname said:
I'm confused ... Are you sure you can file I-485 as EB2 when you use the BEC Priority Date? From your post, the BEC LC is filed as EB3.
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Thanks to Easygoing and Indianpresent

easygoing said:
meg Z: As far as I know, we will have to file I-140 for the old case also and get it approved. It doesn't matter if its in Eb2 or Eb3. Mine PERM is EB2 and BEC one is Eb3. Once both new and old I-140s are approved, we can file for I-485 for Eb2 requesting to use priority date of old I-140.

I have read this on so many sites but never met anybody who has done it.
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Let's hope we can get the old LC approved to be able to use the PD. Good luck everyone!
 
EB2/EB3 priority date

indianpresent said:
Suppose you have two cases.
Case1 - EB3 - 140 approved.(prior)
Case2 - EB2 - 140 approved. (later)

In that case you can refile EB2 140 again with EB3 PD.
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In above example, I think you can file 485 in EB2 category using EB3 case Priority date WITHOUT refiling EB2 140 again.

Again, that's my understanding and I have never come across anyone who might have tried it.
 
When do they stop making withdrawals?

My RIR case status also turned to "WITHDRAWN". I noticed it on Monday this week. My non-conversion PERM case was approved in a middle of this September. I also saw 3 or 4 letters from BPC destined to HR in our company, which look to be withdrawal notices.

It seems like they are still creating these withdrawals.
 
Content Of Withdrawl Letter

Yesterday my attorney/employer received the following letter. I just want to make sure that all of us as getting the same letter or not. The cover letter reads:


##########################################
NOTICE

The case referenced in the enclosed withdrawl notice was withdrawn from BEC because OFLC records indicate that the same application was filed under the PERM.

Regulations governing Foreign Labor Certifications stipulates that once an application is re-filed in the PERM system, the case must be withdrawn from the backlog.

The case has been forwarded to the appropriate PERM National Processing Center.

###############################################
 
I remembering having a conversation with my lawyer right after this annoucement and before filing PERM. He said they could not cross reference the two system. Seems now they do.

My memory is very bad. But I remember they withdrew the policy below shortly agter it was announced. Please somebody correct me if I am wrong. Thanks.

easygoing said:
Yesterday my attorney/employer received the following letter. I just want to make sure that all of us as getting the same letter or not. The cover letter reads:


##########################################
NOTICE


Regulations governing Foreign Labor Certifications stipulates that once an application is re-filed in the PERM system, the case must be withdrawn from the backlog.
The case has been forwarded to the appropriate PERM National Processing Center.

###############################################
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