Multiple Labor from Same Employer BLUNDER - BEC Case status is "WITHDRAWN"

I am silent reader of this site. PERM and backlog or two separate. If we have a PERM case, backlog should still continue. We already talked with murthy. If backlog case is withdrawn then you need to talk to your lawyer.

VA2000
Priority date : 03/17/2005
EB2
PERM: In process of add
 
meg z, i hope your case wasn't changed from withdrawn, correct?

did you file multiple labor like us with different job title?

anyway, mine still showing withdrawn as of today.
nothing from the lawyer side yet.

lets see this journey of life of paper.

thanks
 
Meg Z: You are correct... They made the policy but within couple of days they changed it back.

By the way my status still shows WITHDRAWN.
 
Changed back

I just checked my online case status. It has been changed from WITHDRAWN to IN PROCESS. Big relief :D I think BEC is clearing this mess.
 
meg_z said:
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.
Click to expand...

Well, the following OFLC FAQ link shows the refiling criteria - click the questions under 'Refiling' section.
 
Does anybody know how the attorney's are contacting BEC for this issue. My attorney has send an initial email when the status became WITHDRAWN. Should I ask him to send a reply to the withdrawn notice also via registered mail?

He is telling that email should be ok but I want to know what your attornies are doing as I don't believe my attorney at all.
 
Last edited by a moderator:
Update from my laywer, thanks. My status is still "withdrawn" as of 11/15

UPDATE

DOL's Backlog Elimination Center has stated that these withdrawals are in error due to a computer glitch. DOL is currently in the process of reinstating the erroneously withdrawn cases and plan to do so by December 1, 2006. Our office will inquire and confirm that your case has been re-opened after December 1, 2006. We will inform you once we have received confirmation that your RIR labor certification case has been re-opened.
 
DOL will fix this by December 1st

My case showed up as withdrawn last night.I reported to my firm this morning and they already received response from DOL.
Bottomline is that it will be fixed by November 30th.And donot contact BEC or check status until December 1st as that will slow them down.
Here is the text from the response.

DOL to Reinstate Erroneously Withdrawn BEC Cases

Cite as "AILA InfoNet Doc. No. 06111563 (posted Nov. 15, 2006)"

A recent glitch at DOL resulted in the withdrawal of some pending Traditional and RIR labor certification applications at the BECs if a PERM was filed or approved for the same employer and employee, even if question 1A on the PERM application was answered "no". Some received notices of the withdrawals, and others did not but are showing up in the case status system as "withdrawn".

The DOL is working on resetting all these cases, except the ones where question 1A on the PERM application was answered "yes", and expects to finish the process by November 30, 2006. It is unlikely that reset cases will show up on the system as corrected until November 30.

DOL states that the reset cases will be returned to their former places in the processing queue and that original priority dates will be retained.

DOL asks that, if you have one of these cases, you please refrain from inquiring with them until December 1. If, as of December 1, your case is still showing withdrawn, a mechanism will be worked out to address it. DOL is also asking that, if you have one of these cases, you NOT check the case status system until December 1, as the volume of checks has become quite high as the result of this problem and there is concern that the system will crash.

DOL will shortly issue an announcement regarding this problem and the solution, which will address, among other things, what to do with any ETA 750 forms that were returned in connection with the erroneous withdrawals.
 
I just checked for the first time of the status and it is shown as in process.

Yes. My situation is exactly like Easygoing's, with different PDs of course. Thanks.

coolz said:
meg z, i hope your case wasn't changed from withdrawn, correct?

did you file multiple labor like us with different job title?

anyway, mine still showing withdrawn as of today.
nothing from the lawyer side yet.

lets see this journey of life of paper.

thanks
Click to expand...
 
Still Withdrawn & received info from lawyer

Mine is showing Withdrawn and I received exactly similar info from my lawyer (i.e., they will fix it by Dec 1st and do not overload their website).


lj_rr said:
My case showed up as withdrawn last night.I reported to my firm this morning and they already received response from DOL.
Bottomline is that it will be fixed by November 30th.And donot contact BEC or check status until December 1st as that will slow them down.
Here is the text from the response.

DOL to Reinstate Erroneously Withdrawn BEC Cases

Cite as "AILA InfoNet Doc. No. 06111563 (posted Nov. 15, 2006)"

A recent glitch at DOL resulted in the withdrawal of some pending Traditional and RIR labor certification applications at the BECs if a PERM was filed or approved for the same employer and employee, even if question 1A on the PERM application was answered "no". Some received notices of the withdrawals, and others did not but are showing up in the case status system as "withdrawn".

The DOL is working on resetting all these cases, except the ones where question 1A on the PERM application was answered "yes", and expects to finish the process by November 30, 2006. It is unlikely that reset cases will show up on the system as corrected until November 30.

DOL states that the reset cases will be returned to their former places in the processing queue and that original priority dates will be retained.

DOL asks that, if you have one of these cases, you please refrain from inquiring with them until December 1. If, as of December 1, your case is still showing withdrawn, a mechanism will be worked out to address it. DOL is also asking that, if you have one of these cases, you NOT check the case status system until December 1, as the volume of checks has become quite high as the result of this problem and there is concern that the system will crash.

DOL will shortly issue an announcement regarding this problem and the solution, which will address, among other things, what to do with any ETA 750 forms that were returned in connection with the erroneous withdrawals.
Click to expand...
 
RichardRIR said:
I just checked my online case status. It has been changed from WITHDRAWN to IN PROCESS. Big relief :D I think BEC is clearing this mess.
Click to expand...
Congratulations... this is somewhat encouraging. Can you please share some information as to what all documents your attorney sent to BEC and what did the attorney ask the BEC to do? Also, if you can provide some dates as to when the case was withdrawn and when your attorney sent the request to reinstate the application, that will give some idea to the anxious souls in this forum. Thanks.
 
Just checked the dol site...

http://www.foreignlaborcert.doleta.gov/#whatsnew

What's New


November 15, 2006, Backlog Cases Inadvertently Withdrawn as Re-Files

It has come to the attention of the Office of Foreign Labor Certification (OFLC) that due to a technical issue, a number of cases were inadvertently identified as pending PERM re-file applications and were withdrawn from the backlog. OFLC is working to rectify this situation immediately by identifying the affected cases, and reinstating them back to the appropriate processing status in proper order. This effort will be completed by November 30, 2006.

Although affected employers and their attorneys will NOT be receiving an additional notice of reinstatement, they may verify their case has been reinstated using the Public Disclosure System (PDS) starting December 1st. Since verification will be available online, employers and attorneys are requested not to contact the Backlog Elimination Centers regarding status.
 
My case was shown WITHDRAWN since last week. After about 7 days, it's changed back to IN PROCESS. Although I notified my lawyer and asked him to send a letter to BEC to reinstate my case, I guess my case was reinstated before BEC got the letter. So, no worry about it, they will fix your case soon.


tyrant said:
Congratulations... this is somewhat encouraging. Can you please share some information as to what all documents your attorney sent to BEC and what did the attorney ask the BEC to do? Also, if you can provide some dates as to when the case was withdrawn and when your attorney sent the request to reinstate the application, that will give some idea to the anxious souls in this forum. Thanks.
Click to expand...
 
Status Changed to Data Review

Hi,

I have a EB3 TR 2001 case with DBEC which was showing withdrawn since last thursday. I just checked the status now and it has changed back to data review. I have been observing this thread and everybody's else status changed to "in process". so I was wondering why for me it is "data reiview".....

And also if somebody can confirm if it's a good thing or bad thing..

I haven't received the RI from DBEC..

Thanks,
 
isingh786 said:
Hi,

I have a EB3 TR 2001 case with DBEC which was showing withdrawn since last thursday. I just checked the status now and it has changed back to data review. I have been observing this thread and everybody's else status changed to "in process". so I was wondering why for me it is "data reiview".....

And also if somebody can confirm if it's a good thing or bad thing..

I haven't received the RI from DBEC..

Thanks,
Click to expand...
As per your comment, it seems like the status of your application was "data review" before it changed to "withdrawn". Is that the case?

I think they are just reinstating the cases and putting them back in the state that they were before the status got changed to "withdrawn". I hope they act on your case soon (and mine too).
 
In Process

No Tyrant,

It was "in process" before. It was in that status for more than 6 months...though some of the fields were still missing.

And, as I mentioned that mine is TR case..so I don't know why it is data review.

--------------------------------------------------------------------------
Originally Posted by isingh786
Hi,

I have a EB3 TR 2001 case with DBEC which was showing withdrawn since last thursday. I just checked the status now and it has changed back to data review. I have been observing this thread and everybody's else status changed to "in process". so I was wondering why for me it is "data reiview".....

And also if somebody can confirm if it's a good thing or bad thing..

I haven't received the RI from DBEC..

Thanks,

As per your comment, it seems like the status of your application was "data review" before it changed to "withdrawn". Is that the case?

I think they are just reinstating the cases and putting them back in the state that they were before the status got changed to "withdrawn". I hope they act on your case soon (and mine too).
 
"IN PROCRESS" to "WITHDRAWN" TO "DATA REVIEW"

My Case is EB2 RIR( PD June 2001) remanded back to state to DBEC
Lasty week status was "with drawn" and now is showing " Data Review"

What does that mean? My case has been started all over again?
Should that be " In Process" ? Can someone please tell me if that
is the case who should i request for enquiry ?

Any help is greatly appriciated

Thanks
 
Status back to "In process"

Folks,
My status changed from "Withdrawn" to In process today,
Hopefully everbody's status too will change in coming few days.
 
Just became aware of this rule

what is the advantage of filing new case under perm and letting the old one remain in bec?
if one gets perm approved first (which chances are high) and gets the I140 approved in a couple of mths , he will have to file his 485 based on that. correct ? accdngly he will have have to use the PD of the perm appln.
or is it possible to file 485 based on old PD of BEC labour ? is that possible.

Can someone tell me what's the procedure to be taken to file 485 using old PD , after getting perm and 140 approved .
 
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