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case closed by error
- Thread starter skorpio
- Start date
elassar2005
Registered Users (C)
i just recived a notice of closing my case. i applied 2001 recive 45 letter AUG 2005 REsPONDED Sept. 2005 . today they closed my case claiming that they did not recive my respond. i have a prove from FEDX that my lawyer did send them the respond.
i think we have to do someing. before we all lose forever we should get toghter and go to the head of the LC which i do not know where and get our closing letters and try for last time to reopen and get approve. any one want to try with me send me
i think we have to do someing. before we all lose forever we should get toghter and go to the head of the LC which i do not know where and get our closing letters and try for last time to reopen and get approve. any one want to try with me send me
Elassar,
What we can do is to push your attorney to get in touch with PBEC. You can also file PERM with different job position if possible.
What we can do is to push your attorney to get in touch with PBEC. You can also file PERM with different job position if possible.
elassar2005 said:i just recived a notice of closing my case. i applied 2001 recive 45 letter AUG 2005 REsPONDED Sept. 2005 . today they closed my case claiming that they did not recive my respond. i have a prove from FEDX that my lawyer did send them the respond.
i think we have to do someing. before we all lose forever we should get toghter and go to the head of the LC which i do not know where and get our closing letters and try for last time to reopen and get approve. any one want to try with me send me
Case closure due address error - at PBEC
PBEC sent the 45-days letter to my lawyer's old address. As a result the lawyer didn't respond having not received the letter. Now the case is closed. Does anyone have any idea if my case can be revived? If yes how? I am totally clueless. The lawyer is trying to contact the PBEC presonnel but is not getting any response. Please help.
Thanks,
mg
PBEC sent the 45-days letter to my lawyer's old address. As a result the lawyer didn't respond having not received the letter. Now the case is closed. Does anyone have any idea if my case can be revived? If yes how? I am totally clueless. The lawyer is trying to contact the PBEC presonnel but is not getting any response. Please help.
Thanks,
mg
JustWatching
Registered Users (C)
vattd said:Hi All,
Just wanted to update on my case status. My attorney received response from BRC saying that they will reinstate the case shortly.
Do you have a sense of how long "shortly" is? Did your attorney contact them for an update or did BRC contact attorney wothout promting?
JustWatching
Registered Users (C)
If your case was closed and are nearing the end of your 6th year
...you want to read this.
I was doing some research and re-reading the Yates memo issued on April 24, 2003.
The memo states that a 1 year extension should be approved if the labor certification has been pending for more than 1 year. It also states that a year extension should be approved until a FINAL DECISION has been made.
The memo, then continues to state:
"If the application is denied, the employer is advised that there is a period of 35 days within which the decision may be appealed to the Board of Alien Labor Certification Appeals (BALCA). If the employer does not file an appeal within that period, the denial becomes the final decision of the Secretary of Labor. The BCIS will not consider a decision that is under appeal to be final until such time as a decision is issued by BALCA."
So if you received a NOTICE OF CLOSURE less than 35 days ago, call your attorney, have them file an appeal and immediately file an H-1B extension. According to the Yates memo, this is valid. At least that is my interpretation. I have contacted my legal counsel to discuss this further and will keep you posted.
If you received a NOTICE OF CLOSURE more than 35 days ago, and this turns out to be true, then I leave it to you to choose your words to show your dissatisfaction.
Good luck everyone.
...you want to read this.
I was doing some research and re-reading the Yates memo issued on April 24, 2003.
The memo states that a 1 year extension should be approved if the labor certification has been pending for more than 1 year. It also states that a year extension should be approved until a FINAL DECISION has been made.
The memo, then continues to state:
"If the application is denied, the employer is advised that there is a period of 35 days within which the decision may be appealed to the Board of Alien Labor Certification Appeals (BALCA). If the employer does not file an appeal within that period, the denial becomes the final decision of the Secretary of Labor. The BCIS will not consider a decision that is under appeal to be final until such time as a decision is issued by BALCA."
So if you received a NOTICE OF CLOSURE less than 35 days ago, call your attorney, have them file an appeal and immediately file an H-1B extension. According to the Yates memo, this is valid. At least that is my interpretation. I have contacted my legal counsel to discuss this further and will keep you posted.
If you received a NOTICE OF CLOSURE more than 35 days ago, and this turns out to be true, then I leave it to you to choose your words to show your dissatisfaction.
Good luck everyone.
DBEC does not provide case status on phone
I asked my attorney to call DBEC to confirm if my case has been reinstated. They did not provide any status on phone now and just gave my attorney an e-mail address to request that. It has been four business days since e-mail and no response yet.
My case was closed in Jan and DBEC agreed to reinstate at end of Jan. So you can see how slow they reinstate the case even that is clearly their mistake. From my study on this website, it seems the fastest case is reopened in 2.5 months. My case is closed almost 2.5 months ago, hope it will be reinstated and processed soon.
vattd said:Don't know how long...BRC contacted attorney without prompting...I have received case closure in mid - JAN06 and sent evidence at the end of JAN06. I have to ask my attorney that they sent e-mail or mail...
I asked my attorney to call DBEC to confirm if my case has been reinstated. They did not provide any status on phone now and just gave my attorney an e-mail address to request that. It has been four business days since e-mail and no response yet.
My case was closed in Jan and DBEC agreed to reinstate at end of Jan. So you can see how slow they reinstate the case even that is clearly their mistake. From my study on this website, it seems the fastest case is reopened in 2.5 months. My case is closed almost 2.5 months ago, hope it will be reinstated and processed soon.
Case Closure
I am trying to open my case for past 6 month and still no luck.
Evertime the say that case will be open withing 4 weeks and next time lawyer calls then its back in the queue for next 4 weeks.
I had to file my 7th year H1b extension based on labor receipt by SWA.
PD- FEB 2004 NEBRASKA
case closue letter- 9/16/2005
Response to case closure- 9/23/2005
Interaction with BPC- at least on 6-7 occasions
Current Status- As per BPC Will be open in 3-4 weeks
A very recent AILA conference with BPC report says there are many cases being closed like that and BPC will issue some policy guideline by the end of this month. Please see the text below
Discussion with DOL Regarding PERM, BEC Issues
Cite as "AILA InfoNet Doc. No. 06030863 (posted Mar. 8, 2006)"
Update from DOL Liaison Committee-March 7, 2006
On March 6, 2006, we had the first telephone call in a newly established bi-weekly stakeholders telephonic
liaison with DOL HQ and the four Center Directors of the National Processing Centers in Atlanta and Chicago and
the Backlog Elimination Centers in Dallas and Philadelphia. AILA and DOL had been discussing setting up a liaison
with the centers since they opened. We thank John Beverly, Interim Chief, Division of Foreign Labor Certification,
for creating a structure for this liaison, which has been modeled after AILA's liaison with Service Center
Operations.
The first call addressed ground rules, the need for an agenda for each call and some pressing items. AILA
focused on PERM denial issues in general including the lack of activity on motions to reconsider and appeals. We
also discussed some evolving issues in denials, specifically lack of specificity in ads, experience gained with the
employer and newspapers lacking general circulation. DOL indicated that it will look into these issues.
As you may be aware, DOL has been holding motions and appeals pending its development and implementation
of policies and procedures for the processing of motions and appeals. We were told that we should be seeing
movement in this area shortly.
We were also advised that we should be seeing some activity in connection with the improper case closures for
lack of response to the 45 day letters from the Backlog Elimination Centers where the attorney was able to
document that a response had indeed been sent. DOL indicated that, in some instances, the employer had
replied that the alien was no longer employed but the attorney requested that the case be continued. In those
instances, DOL said, it will not reopen the case. DOL stated that it would issue a policy by the end of March with
respect to cases that were closed due to non-response to 45-day letters that were never received.
Additionally, we were told we could expect to see some response in the next week or so to our voluminous lists
of cases that have been long pending. Concern was raised regarding lack of response at the BECs to requests to
amend applications in the backlog and we were told that the requests would just go into the file until it was time
to work on the case unless they were aware of the intent to refile.
I am trying to open my case for past 6 month and still no luck.
Evertime the say that case will be open withing 4 weeks and next time lawyer calls then its back in the queue for next 4 weeks.
I had to file my 7th year H1b extension based on labor receipt by SWA.
PD- FEB 2004 NEBRASKA
case closue letter- 9/16/2005
Response to case closure- 9/23/2005
Interaction with BPC- at least on 6-7 occasions
Current Status- As per BPC Will be open in 3-4 weeks
A very recent AILA conference with BPC report says there are many cases being closed like that and BPC will issue some policy guideline by the end of this month. Please see the text below
Discussion with DOL Regarding PERM, BEC Issues
Cite as "AILA InfoNet Doc. No. 06030863 (posted Mar. 8, 2006)"
Update from DOL Liaison Committee-March 7, 2006
On March 6, 2006, we had the first telephone call in a newly established bi-weekly stakeholders telephonic
liaison with DOL HQ and the four Center Directors of the National Processing Centers in Atlanta and Chicago and
the Backlog Elimination Centers in Dallas and Philadelphia. AILA and DOL had been discussing setting up a liaison
with the centers since they opened. We thank John Beverly, Interim Chief, Division of Foreign Labor Certification,
for creating a structure for this liaison, which has been modeled after AILA's liaison with Service Center
Operations.
The first call addressed ground rules, the need for an agenda for each call and some pressing items. AILA
focused on PERM denial issues in general including the lack of activity on motions to reconsider and appeals. We
also discussed some evolving issues in denials, specifically lack of specificity in ads, experience gained with the
employer and newspapers lacking general circulation. DOL indicated that it will look into these issues.
As you may be aware, DOL has been holding motions and appeals pending its development and implementation
of policies and procedures for the processing of motions and appeals. We were told that we should be seeing
movement in this area shortly.
We were also advised that we should be seeing some activity in connection with the improper case closures for
lack of response to the 45 day letters from the Backlog Elimination Centers where the attorney was able to
document that a response had indeed been sent. DOL indicated that, in some instances, the employer had
replied that the alien was no longer employed but the attorney requested that the case be continued. In those
instances, DOL said, it will not reopen the case. DOL stated that it would issue a policy by the end of March with
respect to cases that were closed due to non-response to 45-day letters that were never received.
Additionally, we were told we could expect to see some response in the next week or so to our voluminous lists
of cases that have been long pending. Concern was raised regarding lack of response at the BECs to requests to
amend applications in the backlog and we were told that the requests would just go into the file until it was time
to work on the case unless they were aware of the intent to refile.
nshanthappa
Registered Users (C)
My attorny got the following response from DBEC
My attorny got the following response from DBEC
I received a phone call from the DOL regarding your case. They have asked that I fax down the proof that we did respond to the 45 day letter and they will activate the case again. I requested that they send me an e-mail once that happens
thanks,
EB3 RIR, IL
PD Jun 11th 2004
Waiting for reopen
My attorny got the following response from DBEC
I received a phone call from the DOL regarding your case. They have asked that I fax down the proof that we did respond to the 45 day letter and they will activate the case again. I requested that they send me an e-mail once that happens
thanks,
EB3 RIR, IL
PD Jun 11th 2004
Waiting for reopen
What does that mean?
Gurus,
My attorney inquired my closed case about two weeks ago. He received an e-mail reponse from DBEC about my closed case:
The subject case has been *received by the Dallas Backlog Elimination Center and is currently awaiting further review by a *Backlog *Elimination Center analyst. *Please submit a new G-28 for the above *mentioned case to attention: Special Case department.* All legal representatives must have a *signed G-28 on file.
My case was closed in early Januray. What does the e-mail tell me? Does that mean my case was reinstated and awaited process? Actually, my attorney was also confused because he filed G-28 with 45-day response when he requested case reopen. Thanks for the help.
Gurus,
My attorney inquired my closed case about two weeks ago. He received an e-mail reponse from DBEC about my closed case:
The subject case has been *received by the Dallas Backlog Elimination Center and is currently awaiting further review by a *Backlog *Elimination Center analyst. *Please submit a new G-28 for the above *mentioned case to attention: Special Case department.* All legal representatives must have a *signed G-28 on file.
My case was closed in early Januray. What does the e-mail tell me? Does that mean my case was reinstated and awaited process? Actually, my attorney was also confused because he filed G-28 with 45-day response when he requested case reopen. Thanks for the help.
same problem
my company address changed 3 years ago and DOL says they sent a letter in sept'05 and no one responded so closing the case ! The lawyer never received the 45 day letter !!
anways the lawyer has sent a letter to DOL stating that the case is closed in error we never got the letter.
Let us see what they will do. in the meantime i discussed with my lawyer he told me that, he does not care if the case is closed because to file for yearly extensions all he needs is the "Case snapshot" or whatever it is indicating that the RIR case was filed in Oct'02. Anways my H1 is not up for renewal till feb'07. I have already filed for a PERM EB3 now.
idli1829 said:I got the same response from my attorney as Pavan. My H1B expires aug 2006. Dont know what to do.
my company address changed 3 years ago and DOL says they sent a letter in sept'05 and no one responded so closing the case ! The lawyer never received the 45 day letter !!
anways the lawyer has sent a letter to DOL stating that the case is closed in error we never got the letter.
Let us see what they will do. in the meantime i discussed with my lawyer he told me that, he does not care if the case is closed because to file for yearly extensions all he needs is the "Case snapshot" or whatever it is indicating that the RIR case was filed in Oct'02. Anways my H1 is not up for renewal till feb'07. I have already filed for a PERM EB3 now.
nshanthappa
Registered Users (C)
My labor got Approved
Hi,
I received an email from my HR and she received an email from my attorny saying that my labor got approved.
So far I didn't receive any emails or documents from my attorny.
RIR EB3
State MN
Priority Date 06/11/2004
Went to Regional in 08/01/2004
Received 45 day letter in end of Mar 2005
Received Case closure notification in 2nd week of Jan 2006
Attorny provided proof of 45 day letter response in March 03/09/06.
Recived email from my HR saying that case Approved on 03/27/06.
I will post again once I receive the document.
Thanks,
Hi,
I received an email from my HR and she received an email from my attorny saying that my labor got approved.
So far I didn't receive any emails or documents from my attorny.
RIR EB3
State MN
Priority Date 06/11/2004
Went to Regional in 08/01/2004
Received 45 day letter in end of Mar 2005
Received Case closure notification in 2nd week of Jan 2006
Attorny provided proof of 45 day letter response in March 03/09/06.
Recived email from my HR saying that case Approved on 03/27/06.
I will post again once I receive the document.
Thanks,
Case closure
I recd case closure letter on Dec 31st ,2005 (Gr8 news for New Year) and letter was sent to DBEC , AILA to reinstate the case within 10 days . As of now i haven't recd anything
and i'm checking with my lawyer every 2 weeks. Also the name is spelt incorrect and they have my first and last name as same. Recently i was told by my lawyer that my case closure situation is quite common with Backlog centers and have increased to 600 - 800 and they are not fixing by case by case basis anymore and want to come out with a overal fix for this problem and BEC will be posting it by first/second week of April. Not sure whether my lawyer is giving some BS , since i'm constantly bothering him.
Somehow my PERM EB2 Feb 2006 is approved . but with this PD , not sure how this will help. Anyhow i still need the old one to get 8th year extn i believe. 8 th year expiring 04 Dec 2006.
Thanks!
I recd case closure letter on Dec 31st ,2005 (Gr8 news for New Year) and letter was sent to DBEC , AILA to reinstate the case within 10 days . As of now i haven't recd anything
and i'm checking with my lawyer every 2 weeks. Also the name is spelt incorrect and they have my first and last name as same. Recently i was told by my lawyer that my case closure situation is quite common with Backlog centers and have increased to 600 - 800 and they are not fixing by case by case basis anymore and want to come out with a overal fix for this problem and BEC will be posting it by first/second week of April. Not sure whether my lawyer is giving some BS , since i'm constantly bothering him.
Somehow my PERM EB2 Feb 2006 is approved . but with this PD , not sure how this will help. Anyhow i still need the old one to get 8th year extn i believe. 8 th year expiring 04 Dec 2006.
Thanks!
AILA document Action Regarding BEC 45-Day Letters (4/7/2006)
Can anyone provide detail about this aila document.
The summary text is given below. I could not access the document on website.
http://www.aila.org/content/default.aspx?docid=19066
Action Regarding BEC 45-Day Letters (4/7/2006)
Current status with respect to labor certification applications that have been closed by the Backlog Elimination Centers for failure to respond to a 45-day letter.
Can anyone provide detail about this aila document.
The summary text is given below. I could not access the document on website.
http://www.aila.org/content/default.aspx?docid=19066
Action Regarding BEC 45-Day Letters (4/7/2006)
Current status with respect to labor certification applications that have been closed by the Backlog Elimination Centers for failure to respond to a 45-day letter.
StressTestInUSA
Registered Users (C)
shanthappa:
congrats for coming out of this mess.!!
can you tell me what kind of document did you send in as proof for the 45 day reply..?
We just have the tracking # of USPS which says it was recvd at BALA CYNWD, as much as I know. Dont want to hear any more bombshells from PBEC, but still be prepared for the worst.
congrats for coming out of this mess.!!
can you tell me what kind of document did you send in as proof for the 45 day reply..?
We just have the tracking # of USPS which says it was recvd at BALA CYNWD, as much as I know. Dont want to hear any more bombshells from PBEC, but still be prepared for the worst.
My case was closed in early February 2006 and after two very long months waiting, we finally got some positive replies from PBEC.
>>>>>>>>>>>>>>>>>>>
DEAR REQUESTER,
YOUR CASE HAS BEEN IDENTIFIED BY OUR CASE CLOSURE DEPARTMENT AND IS CURRENTLY IN THE PROCESS OF BEING REOPENED. A 45-DAY LETTER RESPONSE WILL BE RE-ISSUED TO YOU. IF YOU REQUIRE ANY ADDITIONAL INFORMATION, PLEASE CONTACT US.
REGARDS,
THE PHILADELPHIA BACKLOG ELIMINATION CENTER
<<<<<<<<<<<<<<<<<<<
Don't know when the case will be reopened, but it's a small step forward.
>>>>>>>>>>>>>>>>>>>
DEAR REQUESTER,
YOUR CASE HAS BEEN IDENTIFIED BY OUR CASE CLOSURE DEPARTMENT AND IS CURRENTLY IN THE PROCESS OF BEING REOPENED. A 45-DAY LETTER RESPONSE WILL BE RE-ISSUED TO YOU. IF YOU REQUIRE ANY ADDITIONAL INFORMATION, PLEASE CONTACT US.
REGARDS,
THE PHILADELPHIA BACKLOG ELIMINATION CENTER
<<<<<<<<<<<<<<<<<<<
Don't know when the case will be reopened, but it's a small step forward.
Stephen2000
New Member
toraj said:Can anyone provide detail about this aila document.
The summary text is given below. I could not access the document on website.
http://www.aila.org/content/default.aspx?docid=19066
Action Regarding BEC 45-Day Letters (4/7/2006)
Current status with respect to labor certification applications that have been closed by the Backlog Elimination Centers for failure to respond to a 45-day letter.
Anyone know what the content of this is? My case was closed Dec 21 2005 without ever receiving the 45 day letter - employer immediately requested it be re-opened, heard nothing since.
Thanks,
Stephen
AZ TR/EB3
ETA#: D-05145-xxxxx
PD: 10/1/04
Case status: no idea - no reply to emails
45 DL: never rcd
Case closed: 12/21/05