For all of you who are suffering from this issue. Read on, it is from the AILF (AMERICAN IMMIGRATION LAW FOUNDATION) in their issue of June 9th 2006.
Original text can be found here.
As reported in previous newsletters, AILF has been preparing a possible lawsuit to challenge the DOL Backlog Elimination Centers’ (BEC) handling of
problems arising from the “45-day letters.” On May 4, 2006, AILF sent a demand letter to DOL, threatening litigation. DOL has responded that it has changed its previous position and is willing to develop a procedure
for reopening cases.
AILF’s demand letter identified two primary problems regarding the 45 day letters: 1) cases that have been closed for failure to respond to the 45-day letter even though the attorney and the employer never received the letter; and 2) cases that have been closed for failure to comply with the 45-day letter although the employer /attorney did send a timely response to the
BEC. The demand letter, inter alia, asked DOL to notify individuals regarding case closures for failure to respond the 45 day letters and reopen all cases that were closed as the result of an alleged non-response to the 45 day letter.
DOL now is willing to adopt a reopening process with respect to both problem groups. AILF and AILA have entered into negotiations with DOL to clarify the
scope and process regarding the reopening of these cases. AILF does not plan to file the lawsuit immediately, but will keep the litigation as a ready option should negotiations fail. AILF will post updates on AILF’s webpage and Infonet.
Original text can be found here.
As reported in previous newsletters, AILF has been preparing a possible lawsuit to challenge the DOL Backlog Elimination Centers’ (BEC) handling of
problems arising from the “45-day letters.” On May 4, 2006, AILF sent a demand letter to DOL, threatening litigation. DOL has responded that it has changed its previous position and is willing to develop a procedure
for reopening cases.
AILF’s demand letter identified two primary problems regarding the 45 day letters: 1) cases that have been closed for failure to respond to the 45-day letter even though the attorney and the employer never received the letter; and 2) cases that have been closed for failure to comply with the 45-day letter although the employer /attorney did send a timely response to the
BEC. The demand letter, inter alia, asked DOL to notify individuals regarding case closures for failure to respond the 45 day letters and reopen all cases that were closed as the result of an alleged non-response to the 45 day letter.
DOL now is willing to adopt a reopening process with respect to both problem groups. AILF and AILA have entered into negotiations with DOL to clarify the
scope and process regarding the reopening of these cases. AILF does not plan to file the lawsuit immediately, but will keep the litigation as a ready option should negotiations fail. AILF will post updates on AILF’s webpage and Infonet.