Multiple Labor from Same Employer BLUNDER - BEC Case status is "WITHDRAWN"

Hi guys,

I am thinking about applying thru perm and keeping the old labor as is.
Right now there is a NOf on my old labor . the Nof was relating to a wrong state being checked for location of office/ tax records. anybody got such a NOF ?
the Co says they got it for all their applicants (filed in 2004 year). the lawyers have responded to it sometime in October 2006 . this NOf looks harmless. looks like a error on the form . But still to date haven't received any approval.
The co is now suggesting to file perm and they have assured that old labor will also come in due course, just no guarantees on when.

So should I go ahead and do it ? I think My labor can come anytime now ( pd 12/2004) since the NOF doesn't look to bad and so i am worrried what if on filing perm, the old case goes back to withdrawn status and then wait anxiously for it to show in process and certified.

is perm worth the trouble ? the lawyers are planning to start the process in 2 days. I am in a tough spot now.

any advice/ thoughts will be greatly appreciated.

thanks in advance
 
mans22 said:
Hi guys,

I am thinking about applying thru perm and keeping the old labor as is.
Right now there is a NOf on my old labor . the Nof was relating to a wrong state being checked for location of office/ tax records. anybody got such a NOF ?
the Co says they got it for all their applicants (filed in 2004 year). the lawyers have responded to it sometime in October 2006 . this NOf looks harmless. looks like a error on the form . But still to date haven't received any approval.
The co is now suggesting to file perm and they have assured that old labor will also come in due course, just no guarantees on when.

So should I go ahead and do it ? I think My labor can come anytime now ( pd 12/2004) since the NOF doesn't look to bad and so i am worrried what if on filing perm, the old case goes back to withdrawn status and then wait anxiously for it to show in process and certified.

is perm worth the trouble ? the lawyers are planning to start the process in 2 days. I am in a tough spot now.

any advice/ thoughts will be greatly appreciated.

thanks in advance
Click to expand...

If retrogression is of no issue then file PERM and forget about the existing LC. Otherwise, if Priority Date is of concern then you have to wait for the BEC LC anyway. If PERM LC is on a higher EB category then it is worth going for - because in this case it is more than a mere backup.
 
Pd is of great great importance .
my old labor was filed as EB2.

the only reason Co is suggesting for perm is so that labour can come and I 140 can be filed -- giving 3 yrs h1 extension.
In addition we will have to get the old labor and I 140 approved to use the Pd for 485.
so the perm is just a backup in case of cases the NOf turns out bad and also it helps to get 3 yrs extension and helps employees who want to visit home, get the stamping only once in 3 yrs.
the only thing which is troublesome is the fact that the Bec were withdrawing old cases erroneously and then reinstating them . some of them on this forum still haven't gotten reinstated .

so i don't want to be where i am close to getting old one approved and then screw it up due to perm filing.
 
mans22 said:
Pd is of great great importance .
my old labor was filed as EB2.

the only reason Co is suggesting for perm is so that labour can come and I 140 can be filed -- giving 3 yrs h1 extension.
In addition we will have to get the old labor and I 140 approved to use the Pd for 485.
so the perm is just a backup in case of cases the NOf turns out bad and also it helps to get 3 yrs extension and helps employees who want to visit home, get the stamping only once in 3 yrs.
the only thing which is troublesome is the fact that the Bec were withdrawing old cases erroneously and then reinstating them . some of them on this forum still haven't gotten reinstated .

so i don't want to be where i am close to getting old one approved and then screw it up due to perm filing.
Click to expand...

Aah I see - yes it is better to go for PERM.

As per immigration law website, the BEC cases should not be 'erroneously' changed to withdrawn on the event of PERM approval. Therefore you shouldn't worry, please keep us posted.

For the tracker, did you receive the 45-day letter? If yes when?

Thanks
 
Pd : 12/2004
State : iowa
never reached regional
45 day ltr in June end 2006.
Nof september end 2006
Resply to NOF : October 2006
 
Wrong Information

Couple of days ago, I updated my case status as "Certified". But it's just the wrong info provided by the lawyer who didn't carefully read the letter from BEC which actually sent a Confirmation of Withdrawal (not Approval :mad: ) notice with the original ETA 750 form. As far as I know, this happens to some cases and DOL asked the involved employer/attorney not to do anything. My online case status is still shown as "IN PROCESS". I'm back to the waiting queue now. :mad: :mad: :mad:
 
Still Withdrawn

am i the only person with withdrawn status. any other person,still with withdrawn status, it is almost 20 days gone since Dec1.no update :confused: :mad:
 
Mine is still withdrawn

Same here, mine is still withdrawn.
Attorney has contacted DOL and is waiting for response.
 
Still Withdrawn

My non-RIR LC with PD Jan 2005 is still showing as withdrawn.

I've a PERM case certified with PD Aug 2006.
 
mine is also WITHDRAWN

i am also with Withdrawn status, my PERM labor is certified on 07/05.

Is there any body(whose perm is also approved) whose application's status has changed. from withdrawn to data review,in process,certified?
 
Mine too is still withdrawn

It's almost been a month since the date that BEC promised the withdrawn cases will be taken care of and my status still shows up as withdrawn. I asked my attorney a couple of times but he has no clue what is going on :(
 
Anyone still waiting?

Is there anybody out there who is still waiting for BEC to change their status back to the normal one other than withdrawn to either In Process or in Data Review? Please share your stories if you have one on how BEC is tracking your previous notes or mail send out to correct the status.

Thank you so much and happy new year 2007.
 
Yes . Everyone still waiting

Yes , I believe everyone is still waiting to get this fixed. DOL hasn't really given a new date aftr 12/1 deadline was missse.d
 
lj_rr said:
Yes , I believe everyone is still waiting to get this fixed. DOL hasn't really given a new date aftr 12/1 deadline was missse.d
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what steps your lawyer took to correct this problem? any idea? I know the problem is still on, but I just wanted to see what are the steps being taken so far? in terms of alerting the DOL/BEC.
 
Changed to Inprocess from Data Review after withdrawn

labordrags said:
Is there anybody out there who is still waiting for BEC to change their status back to the normal one other than withdrawn to either In Process or in Data Review? Please share your stories if you have one on how BEC is tracking your previous notes or mail send out to correct the status.

Thank you so much and happy new year 2007.
Click to expand...

Here it is ...my case was withdrawn ( status was "inprocess" before withdrawal) after my PERM got approved due to the glitch in their system , then the status later got changed to "Data Review" after couple of weeks, which I think is a step back., I see it is back to "In Process" since yesterday (01/03/2007). So I guess they are changing the status but not sure what is a priority on this. my PD is 06/2001/EB2

Summary : Inprocess -> WithDrawn -> Data Review -> In Process
 
Gives us a hope

mine is still WITHDRAWN
old labor - inprocess to withdrawn(since last week of november)PD 12/2002,EB2
NEW labor - approved PD 10/05,EB2

Guys,please keep posting.
 
Only one application and it is WITHDRAWN

Hi -

My PD is July 2001. I've been checking status daily at PDS website. The status has been "IN PROCESS" until on January 4 when I noticed that my application is shown to be WITHDRAWN. I never applied for a second time in PERM. I'm not sure if all the cases reported in this thread are those who've multiple LC applications. Is anyone in same situation as me ? My attorney immediately contact BEC and they asked the attorney to send them a email at a special address. They didn't clarify why my case is mistakenly in WITHDRAWN status.

Please share your experience if you've gone through this.

Thank You.
 
My attorney didn't share with me the email id where she sent request to put the application back in process.
 
anyone left?

I think both BECs are kind enough to realize their mistakes and I hope no one futher is having a bad time to see their labor being taken out the WITHDRAWN status. If I am mistaken, please post your status.
 
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