Case Closed Erroneously at BECs

Any updates?

Folks,
Anyone with any kinda forward movement. Mine is still closed and I am not going to pursue anymore!
 
I am in the same boat

Folks,
Anyone with any kinda forward movement. Mine is still closed and I am not going to pursue anymore!

My case still remains closed, attorney has contacted PBEC several times but have not heard back. What a frustrating process it has been:( :(
 
Need some Help understanding my NOF/Recruitment Instructions..

My PD is Nov 2004, Applied as RIR in EB2 Category

My Lawyer recieved a Letter with the heading "Reduction in Recruitment Denial" on July 31st saying that ---

My case will not be treated as RIR as the recruitment efforts were 6 months prior to the Petition Date (Which happens to be true when i
checked the copy of the Application Packet that i have). This is what the Notice states in detail
"Your request for a RIR is denied, This request is denied because the employer's recruitment effort occured more than six months prior
to filing the application. Federal regulations 656.21(i)(1)(i) require than an RIR request
contain documentary evidence that within the immediately preceding six months the employer has made good faith efforts
to recruit US workers for the job opportunity." Pursuant to "so and so" federal regulations, your case wikk be treated as TR. You will be contacted by this office with instructions pertaining to post application recruitment.

Following the above Notice, I recieved another Letter with the heading "Recruitment Instructions" on August 9th.
My Recruitment Effort was stated to start from August 24th till Sept 24th. I also see that PBEC has placed an ad on Americas Job Exchange.
And my Online Status reflects that my case is in "IN PROCESS"/"TR"

My Lawyer says that it is an Error with PBEC and they are working towards rectifying it with a letter faxed to BEC.
(1). Is that true that the Ads should be placed with in a 6 Month duration?
(2). Does anyone have a similar experience you can share?

Any thoughts!?
 
My Case is put back into process, as usual in a waiting mode for adjudication.
 
Case closed too - waiting for response from DOL

My case has been closed too since July 07 and waiting to hear from Dallas BEC. I've heard that when they deny a request they take less than 2 weeks so if they're taking longer for reopening a case then its a good sign - do you think there's any truth to that?

Anyone else's case that has been closed and reopened recently?
 
From what I have heard the BEC are not touching any closed cases at this time. If they are they are probably looking at .05% of the total closed cases. From what I have heard they will only start looking at closed cases after September 30th. My case has been closed since May, 07. Lawyer has sent request information multiple times and everytime they say that the case will be open shortly but has never opened. So hopefully there will be some progress after September 30th
 
Case Certified

Finally my case got certified. Waiting for the lawyers to receive the hard copy of labor certification.

Close to 4.5 years to get my labor certified :rolleyes:

Hang in there buddies, don't loose hope. Keep asking your lawyers to call the DOL and request them to reopen the case. My Lawyers mentioned that they tried, tried and finally succeeded. Don't know how much to believe them, but happy about the outcome.

My Case is put back into process, as usual in a waiting
mode for adjudication.
 
Congrats sp0,
Feels like someone from our team made it across the river.

Finally my case got certified. Waiting for the lawyers to receive the hard copy of labor certification.

Close to 4.5 years to get my labor certified :rolleyes:

Hang in there buddies, don't loose hope. Keep asking your lawyers to call the DOL and request them to reopen the case. My Lawyers mentioned that they tried, tried and finally succeeded. Don't know how much to believe them, but happy about the outcome.
 
I just read in the latest Murthy bulletin post - "If cases have been improperly closed, the petitioner / employer should submit to the appropriate BEC a motion to reopen. If the BEC finds that any individual case has been closed in error, the case will be reopened and the online Public Disclosure System will be updated to show the status as "in process." If it is determined that the case was appropriately closed, there will not be any further correspondence and the online status will be not be changed. This is certainly not helpful to employers who will have no way of knowing if a case is still pending for review and decision at the BEC, or if it simply has been denied."

I hope this is not true because then there's really no way to know whether they even processed our request. Anyone else has additional info on this. It really is frustrating that they are treating us in this manner after the years of waiting we had to put up with.
 
Hi there

Even my case was closed & Subsequentely was reopned after lawyer spoke with the officer & produced the documents as proof of initial submission.It took 2 months to get the same reopen & certified.


Thanks
 
What is the criteria for a CLOSED case to be reopened? BEC closed my case stating that they did not get response from Attorney. My employer now transferred my case over to another Attorney and they filed a motion to reopen the case stating they did not have any information on this case. The online status still shows as closed. Keeping my finger crossed for this to be changed to atleast IN PROCESS or hopefully CERTIFIED.
 
The criteria is either the attorney did not receive any letter from DOL (as in my case) prior to case closure or the DOL made a mistake. I've heard that in general the DOL opens it when an attorney with proper documentation requests the same. Congrats to those who got it reopened. Anyone here whose request was denied?
 
My PBEC labor application status is CLosed. I am in 8th yr on H1B and my H1B is due for renewal (9th year ext) on May 2008. I filed for PERM in Aug last week (not 365 days before my H1B expiry date). My attorney filed for re-opening my closed labor. Is there anything else I should be doing on my part to get thru this difficult time of my career? Appreciate your valualbe suggestions.
 
You should make your attorney call them on a weekly basis. They usually take it serious when the attorney calls to follow up.
 
Now that Sep' 30 is past us, any progress on the cases reported CLOSED? Any one have the luck of having them reopened?
 
Case now in progress

After being closed for four months, case has now changed to In progress:). I just hope that it will be certified soon.

PD : March 05
Case Closed : May 07
Request sent to reopen: June, 07
Case reopened : October, 07
 
After being closed for four months, case has now changed to In progress:). I just hope that it will be certified soon.

PD : March 05
Case Closed : May 07
Request sent to reopen: June, 07
Case reopened : October, 07

Congrats Bhabulal05, Can you please tell us the steps you followed to get this reopened? Did you make your employer/Attorney call BEC? etc..
 
Case Status

ramaraoy:
I frequently called my attorney to call the BEC. He sent at least four inquires on the status of my case once it had been resent. I think there is an email that they can send the inquiry to.
I also called the BEC and told them that I was calling from so and so company and then they were able to give me some information. If you call as yourself they will never give you any information. These were the action steps.
I hope your case opens soon as well. I wish you the best.
 
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