case closed by error

change of address

has anyone successfully petitioned for a case to be reinstated due to change of address of petitioner and hence non-receipt of 45 day letter or change in ownership of original petitioner?
thanks for responses
 
My attorney did this successfully...
yoiyoi said:
has anyone successfully petitioned for a case to be reinstated due to change of address of petitioner and hence non-receipt of 45 day letter or change in ownership of original petitioner?
thanks for responses
 
change address

njdude26,
could you provide more details ?what evidence did he have to present etc?
 
Sorry

This was done by my attorney. I have no idea what he did. All I know is that they just informed PBEC that he did not receive the application may be because we had moved....
Now I think there is an easy 'email' way of reopening of the case...
yoiyoi said:
njdude26,
could you provide more details ?what evidence did he have to present etc?
 
Case Closed and subsequently reopened as i had not received the 45 day letter.

Hi All,

You are all doing a wonderful job by posting information regularly, on the ongoing events at the "famous and backedup "

Philadelphia Backlog Elimination Center.

The Following are the followups regarding my case since the last week of May.

1. Sent an e-mail to H1b7yr@PHI.DFLC.US during last week of May.

2. Received an email in response within one hour, showing my ETA case number and other details in a screen shot. All fields were correct and complete.

3. Mid June: My employer called the 202.... number to WashingtonDC Foreign Labour Department, enquiring about non

reciept of the 45 day letter. He was informed that my case was entered into system during May 1st week, was assigned to

an analyst on June 1st week. The person whom my employer spoke to was surprised that without receiving 45 day letter it

was assigned to analyst for further processing.

4. Contacted Attorney asking whether he received 45 day letter and replied to the same. He had not received it too.

5.On July 21, 2006 : I contacted PBEC giving my case Number, that I had not received the 45 Day letter yet. The Person

checked the database and informed that the Case has been closed and could not give no further info about reason for closing.
The same day by Mail, my employer received a letter from PBEC about case closure.

6. Contacted my attorney immediately, who still maintained that he had not yet heard from the department and was following up.

7. Date: 7/24/2006 : My employer sent an e-mail to reopenrequest@phi.dflc.us, stating we had not received 45 day letter and therefore requesting to

reopen case[ request sent to Philadelphi Backlog Elimination Centre].

8. On 7/27/2006, called PBEC in the afternoon, the person who took the call was helpful, took my case number and

informed that my case has been reopened around 12:00 Noon and an e-mail would be sent to the employer. Around

3:00pm, my employer received email from Dallas Backlog Elimination center about reopening of case and a screen shot. The Screen shot shows the case status as re-opened, and also Case reopen date.

9. Now confused where my case is in Philly/ Dallas. But am glad to know atleast my case was reopened.

10. Attorney, still to come up with any information about my case.

So Guys, whoever has had their Cases closed by error / Not yet received 45 day letter, Do not loose hope.
Its a good idea to make your employer call and check the status and do the necessary correspondence to the concerned backlog

center by e-mail/fax.
Do not rely much on the attorney for corresponding for reopening the case.


Pls add my info given below in your tracker.

Priority Date: 6/17/2004
45 Day Letter : Not Received.
ETA CAse Number : P-05138-*****
Type : RIR
State : FLORIDA, reached Regional office.
Case Closed Letter from PBEC: 7/21/2006
E-mail sent requesting reopening : 7/24/2006
Case Reopened : By e-mail from DBEC : 7/27/2006
 
My attorney petitioned

In my case I recieved 45 day letter and attorney responded within 45 days, still they closed my LC. My attorney petitioned by providing following details.
- provided all previous communication related to LC.
- provided proof of FedEx (response to 45 day letter).
- cover letter with all details.
Attorney petitioned a month ago, so far no response.

njdude26 said:
This was done by my attorney. I have no idea what he did. All I know is that they just informed PBEC that he did not receive the application may be because we had moved....
Now I think there is an easy 'email' way of reopening of the case...
 
Ask him to do it the email way. that will be faster...
45dayvictim said:
In my case I recieved 45 day letter and attorney responded within 45 days, still they closed my LC. My attorney petitioned by providing following details.
- provided all previous communication related to LC.
- provided proof of FedEx (response to 45 day letter).
- cover letter with all details.
Attorney petitioned a month ago, so far no response.
 
Add me to this list

Just found out by calling the #202 that our case is closed :( They've apparently sent the 45d letter in January itself. But our lawyers claim nothing has been received. My case was closed in Apr'06. I am pissed off. Waiting for the last 3 yrs. for the labor to clear and now this :mad:

My stats: EB3/Non RIR/PD Dec'03/NJ
 
NTom said:
Just found out by calling the #202 that our case is closed :( They've apparently sent the 45d letter in January itself. But our lawyers claim nothing has been received. My case was closed in Apr'06. I am pissed off. Waiting for the last 3 yrs. for the labor to clear and now this :mad:

My stats: EB3/Non RIR/PD Dec'03/NJ
Nothing to worry about. With the email from the lawyer the case is reopened in one week ...
 
njdude26 said:
Nothing to worry about. With the email from the lawyer the case is reopened in one week ...

Unfortunately, its not as simple as that. My lawyers/employer just admitted that they have indeed recd. case closure letter on May 12th itself. But for some reason, they chose to hide it fm me and didn't do anything about it. They claim that they contacted BEC about reinstating it and BEC asked them to wait till July 21st deadline :confused: This sounds like total BS to me. I am in the midst of serious discussion with my company as to what they are trying to pull here :mad:
 
PLEASE HELP!!!!

I recently called the philly backlog center and discovered that my application has been closed. Apparently my 45 day letter was sent a year ago and the case closure letter was sent a few months ago. Obviously neither was received by my employer/lawyer. Now that I know this fact but DON'T have a notice of closure what am I to do? All I know if that the case has been closed. Should I have my lawyer try to reopen it by writing to the case reopen emails address or should I have her reply to the 45 day letter non receipt email address? I am guessing it's best to try and have it reopened. Keep in mind I never got the 45 day letter nor the Closure letter. PLEASE ADVISE!
 
Labor cert approved after closure

Just got the news this morning.

Priority Date: Mar 29, 2002
State: NY
Cat: EB2
45 day letter: Nov 2005
Case Closure : Apr 2006
Case Reopening - July 2006
Labor Approved: Aug 1, 2006

I tried to find out if I can apply for 485 in parallel, but visa bulletins have some junk about "2A numbers SUBJECT to per-country limit are Unavailable". Can anybody please shed some light on this, and tell me if my dates are available for 140/485 combined app.
 
ad123, do both ...

I think you should send emails to both addresses, since you are eligible to send to both. Don't sweat, just follow the re-opening proceudre asap, and things will get moving. Keep in constant touch with lawyers, and try to have lead the process.
 
Hi msubbu,

Congratulations! Here's the current visa number bulletin link. http://travel.state.gov/visa/frvi/bulletin/bulletin_2978.html

I think the NOTE below is for the family green card visa number.
"NOTE: For August, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 08SEP99. 2A numbers SUBJECT to per-country limit are “Unavailable”."

Here's what I think:-
Since you are in EB2 category, the Visa number is available for all country except CHINA, you will be able to file the 485.

Hope this helps!

VAGCwaiting



msubbu said:
Just got the news this morning.

Priority Date: Mar 29, 2002
State: NY
Cat: EB2
45 day letter: Nov 2005
Case Closure : Apr 2006
Case Reopening - July 2006
Labor Approved: Aug 1, 2006

I tried to find out if I can apply for 485 in parallel, but visa bulletins have some junk about "2A numbers SUBJECT to per-country limit are Unavailable". Can anybody please shed some light on this, and tell me if my dates are available for 140/485 combined app.
 
Finally Case Approved .. :)

My case was finally approved after i received case closure notice. Bellow are my details.

CAse NO: ETA P-0513X-XXXXX
PD: July 5th 2002
Received 45 Day letter: 30-Nov-2005
Received Notice of Closure: 25-Apr-2006
Request for Reopen : 28-Apr-2006
Approval Received : 31-Jul-2006

I wish you all Good luck.. See you guys in I140 .... :)
 
Congrats msubbu and GCneed

Thats great news. Are ur cases RIR? Good luck with the next stage of GC processing.........
 
Calling NTOM

NTom said:
Thats great news. Are ur cases RIR? Good luck with the next stage of GC processing.........

Hi Ntom,

My Lawyer just sent an email today requesting the case to be re-opened. An automated email was sent back. Based on some of the responses on this forum it seems that some folks have received confirmation emails (reopeneing the cases back) in a few days time. Have you had any luck yet, since I know you were a little ahead of me.

Thanks!
 
Ad123

Hi,

My lawyers sent the request on Monday, I guess. No news so far. Thts great news tht u recd an automated response back. Sounds like things are going in the right direction.

I'll have to ask my lawyers if they recd. a similar automated mail. Thanks for letting me know. I'll keep u updated.............
 
is august 8 2006 deadline?

from what i read from the latest directive from bec the mail to reopen cases closed must be sent 30 days from the publication of the notice.the release date was 10 July 2006 so counting 30 days from that should mean a deadline date of AUGUST 8 2006. can anyone confirm this?
 
yoiyoi said:
from what i read from the latest directive from bec the mail to reopen cases closed must be sent 30 days from the publication of the notice.the release date was 10 July 2006 so counting 30 days from that should mean a deadline date of AUGUST 8 2006. can anyone confirm this?


Yes, that is correct. I would get it in asap.
 
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