Multiple Labor from Same Employer BLUNDER - BEC Case status is "WITHDRAWN"

multiple labor cert

Hello, I don't know if anybody here are in a similar situation as I am.

My company filed TR(EB3) for one of my coworker and I back in May 2002. In 2006, both of us asked the company to file PERM(EB3) for us since there is no progress at all with the TR. We got PERM approved in Sep 2006. Just recently, the company filed I140 for us using premium processing based on perm. Last month, my coworker got recruitment notice from BEC under TR, and the company refused to do it stating that they are worried that some qualified US citizens might apply and the TR won't succeed and that might even affect the new PERM. Since my coworker is already in the 6th year of H1B, so they don't want her out of status because of this.

Is this a valid concern? I haven't got my recruitment notice yet, and I need to persuade company to do that for me. My H1B expires at the end of 12/31/2007. I personally think the old case and the new case are independent, that is what the lawyer told us before, the perm is not a conversion, it is a new PERM. Even though there might be qualified people applying, that will just affect the old case, the new perm shouldn't get affected and therefore the 3yr extension beyond 6 years should still be valid.

But I am not a lawyer and they just keep saying that with PERM, there is no risk, it JUST take longer. But Gosh, if we only go with PERM, i really don't know how many years it will take to get GC, 10 more years??? I have already waited 6 years, cant' do that any more....

Any suggestions on this?? Who have faced the similar situation before?? Is there any lawyer you guys can recommend from a big law firm so his or her words might mean something to them....I am frustrated. I read an old post mentioning littlers firm but it seems only represent corporate clients...

Any suggestions would be greatly appreciated!!
 
Did anyone get lucky with the ""WITHDRAWN" case status getting back to "IN-PROCESS"? Also what steps are you guys taking to get this issue sorted out?
Any advice/help would be highly appreciated.
 
PBEC behaves badly.

I believe PBEC intentionally ignored our cases as a punishment for resubmitting PERM although they never prohibited such action. They only like silent lamb. :mad: My case was corrected back to in process automatically after one week of withdrawn, but no update ever since. I think those withdrawn cases will be processed at the end even now still in withdrawn status.
 
RichardRIR said:
I believe PBEC intentionally ignored our cases as a punishment for resubmitting PERM although they never prohibited such action. They only like silent lamb. :mad: My case was corrected back to in process automatically after one week of withdrawn, but no update ever since. I think those withdrawn cases will be processed at the end even now still in withdrawn status.
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Wow thats an incouraging News to have a blast on this weekend. Thanks for the update pal; waiting for this long - what else to loose if waited few more months?
 
Anyone with "IN PROCESS" -> "WITHDRAWN" -> "IN PROCESS" -> "CERTIFIED"

Heard that all accidently withdrawn cases are going at the end of the Queue.
Anybody knows if this is true or NOT.
 
Update on my case

I am back. Sorry for absconding for such a long time. I was the one who was among the first few victims of this "WITHDRAWN" problem and the one who started this thread.

Mine was Non-RIR case and I was pretty sure that BEC is upto something againt us "SPECIAL" people. Therefore as soon as my case became "IN PROCESS" again, I applied for RIR conversion just to test water. My attorney applied for around 20 RIR conversions and only I was the one who had 2 cases from same employer. She got RIR conversion go-ahead from BEC for all the cases in 1 week except mine case. I was worried as 1st April is the cutoff date for RIR submission and I didn't even get the notice from those guys for 4 weeks.

Yesterday (2/22/2007) she finally got the go ahead from the BEC.

Just wanted to convey this to those of you guys whose status is still WITHDRAWN. Please DON'T WORRY about this too much. If they have accepted my RIR conversion that means that there is nothing to worry about. Its only matter of time of getting back to your applications.
 
Received NOF with "intent to deny" after status changes from "Withdrawn" to "In proce

I received NOF with intent to deny for "did not meet the prevailing wage". I am working on a large company, my wage has increase quite a lot after the LC was filed. What kind options do I have to rebute the NOF?

Priority Date: 2/22/05
State: AZ
Type: RIR
Case No: D-05208-4*

thanks
 
mingxu_2000, I didn't understand your situation. If your wage has increased a lot than how you "did not meet the prevaling wage"? As far as my understanding is there, it doesn't matter if you are making way more than prevailing wage.

Do you mean that if somebody make quite a lot than prevailing wage, BECcan deny the case? If so I am in trouble too. I make 2 times more than my prevailing wage. Please respond.
 
sorry for the mis communication. What I mean is "at the time the LC was filed, my annual salaray didn't meet the CURRENT prevailing wage (the prevailing wage when BEC review the case last week)". But my salary was raised quite a lot after my LC was filed and has met the CURRENT prevailing wage.

let me know if it's still no clear.



easygoing said:
mingxu_2000, I didn't understand your situation.
If your wage has increased a lot than how you "did not meet the prevaling wage"? As far as my understanding is there, it doesn't matter if you are making way more than prevailing wage.

Do you mean that if somebody make quite a lot than prevailing wage, BECcan deny the case? If so I am in trouble too. I make 2 times more than my prevailing wage. Please respond.
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Stupid policy

How stupid this policy is!!! The prevailing wage is supposed to be the one at time of filing LC. Both the prevailing wage and salary are changing with time. How can they compare the current prevailing wage with the salary initially offered and input in the LC?! :mad: :mad: They are really a bunch of idiots!!!:(
 
mingxu_2006 said:
Not sure, mine is been processing now with NOF
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Thank you for updating your case status. What's your PD?

My case online status is shown as IN PROCESS. I sent about 5 emails to PBEC requesting a screenshot, but without response. I doubt my case is not in proper position.
 
Final Review

Just got a screenshot from PBEC indicating my RIR case status is Final Review. Don't know how long it will take from there to certified.:confused:
 
Surprisingly, my RIR case got approved yesterday!!! I was very upset to expect a NOF after I saw many NOFs recently. Thank God this didn't happen. Hope to get the approval document soon. Good luck to every one here!
 
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