BEC pending Tradition LC + PERM conflict

S

sreeakshay

Registered Users (C)
Friends,

I got an email from my lawyer today that has stunned me.

My case:
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1) Filed Traditional Labor in sept 2004, this went into BEC and was pending there.
2) Filed a new case under PERM in May 2006 without cancelling the original traditional LC, also without asking for transfer of PD. So essentially the two cases were unrelated.

Status:
---------
Recently got my PERM approval and I140 approval for the PERM case.


PROBLEM:
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Today I had an email from my lawyer, which I am copying below:

"We received a notice from the Backlog Elimination Center confirming that
they have withdrawn XYZ's pending Traditional LC due to his recently
approved PERM application."


QUESTION:
-----------
What the heck does this mean? Anyone faced this?


Thanks,

Akshay
 
Same here ......
I filed PERM without cancelling old labor and without transfer of old PD which
was approved in Sept 2006

Today my old labor status is "withdrawn" from "In process".
 
meraharapatta,

I work for Alcatel, My law firm is FDBl and I applied from Utah? How about you? Whats your plan of action? I am gonna ask for the lawyers to appeal.


Akshay
 
Akshay
I have been following multiple labor issues(BEC &PERM) for a while and DOL
has clearly mentioned that if PERM application is refile of old labor then
only old labor will be withdrawn.
I applied from CA and I will ask my employer to send email to Dallas BEC @
reopenrequest@dal.dflc.us or the Philadelphia BEC at reopenrequest@phi.dflc.us
to reopen the case.

Following is from immigration-law.com..................................................

09/23/2006: Consequences of PERM Filing with "Refile" Option on Pending BEC case

* The 09/12/2006 Liaison Minute clarified the DOL policy on the issue as follows:
* PERM database and BEC database are growingly communicating quicker and BEC will almost immediately take out as withdrawn.
* If BEC case is approved either before the PERM case is adjudicated or BEC takes action taking out such case as withdrawn, such certified BEC application will remain valid. In such cases, employers will be allowed to withdraw the pending PERM application.
* If BEC case is still pending and such PERM is denied, two consequences will take place. The beneficiary loses the priority date of the BEC case. Additionally, the BEC case is considered automatically withdrawn. Quickly refiling of another PERM application will not change the deadly consequences on both PERM application and BEC application. However, employer can file a motion to reconsider if justifiable. If the motion is granted and certifies the original PERM application, the old priority date will not be affected.


.....................................................................................................
 
I am in the same boat

Guys,
I am in the same situation. Traditional (non-RIR) Labor filed in Feb 2004. PERM filed in Nov 2005 and because the company changed address, I could not carry forward the PD from traditional labor. PERM approved in Jan 2006 and I-140 approved in Mar 2006.
The 45-day letter from the BEC was received in June 2006 and the lawyer sent the reply also in June. Last month the status of the traditional labor in BEC was "In Process". I checked last Friday, Nov 3, and was shocked to find that the status was "Withdrawn".
Today, I received the notice stating the "Application has been withdrawn since PERM has been filed".

Is it possible to re-open the traditional labor application?

Thanks for the help.
 
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