Dallas Backlog Elimination Center Tracking

DOL Update on PERM and Backlog Processing Center

The U.S. Department of Labor (DOL) provided the American Immigration Lawyers Association (AILA) with an update on PERM and the Backlog Reduction Centers on June 16, 2005. A summary follows.

PERM

Many of the initial filings made from March through May 2005 under the PERM labor certification system were denied within minutes of filing. This was caused by certain programmatic glitches that the DOL is working to fix. Considerable progress has been made, since cases are now being accepted into the system and approved. In an effort to address the initial case denials, the DOL is rerunning these cases through the matrix for a proper review. If the rerun shows that a case should not have been denied by the program, processing on the case will be resumed. If the program shows that the case should be denied, the denial will stand. The DOL will send notices on those cases that are denied a second time and hopes to have these notices out in early July 2005.

Backlog Reduction Centers

The DOL has asked that there be no inquiries as to whether a case has been received by the Backlog Reduction Centers unless proof is needed for a one-year incremental H1B extension. They report there are still tens of thousands of cases that need to be entered into their system. Anyone sending an eMail inquiry, without needing proof for the H1B extensions beyond six years, will likely receive an automated response that inquiries are not being accepted. Anyone asking for proof for an H1B extension filing, will receive a screenshot from the DOL of the file's data entry, showing that the file has been received. The U.S. Citizenship and Immigration Services (USCIS) reportedly has indicated that they will accept these screen shots as valid proof for the incremental H1B extension filings after the conclusion of six years on H1B status. We are pleased that the DOL and USCIS have coordinated on this matter, as it had been an area of substantial difficulty for many.

Case Closures at Backlog Reduction Centers

Some people are erroneously receiving letters that their labor certification cases have been closed due to failure to respond to the 45-day letter. These closure letters have been issued both in cases where the 45-day letters were never received and in those where the letter was received and a request to continue with the case was provided promptly. If one of the erroneous closure letters is issued in a case, the DOL will accept a response asking for the case to be reopened and showing why the closure is incorrect. If the attorney who filed the case is an AILA member, the AILA National Office will also accept the same information and forward it to the DOL.
 
I am in exact same situation as Bunty2772. Based on the previous posts, it seems that only 2800 (7% per country out of 40K visas ) will be available for Indians in EB3 in Oct 2005. That number is way too low for the demand. Just like the H1, they might get consumed on the first day itself. If thats the case then we will have to wait till Oct 2006 for another small slot? That almost does not make sense as to how long we will be waiting to file 485

ram_ram said:
I am thinking that EB3 numbers will start moving again month by month(now the cutoff date is at june 2002) from OCt 2005. May be they will distribute the available visa numbers next year, so that a few will be available every month. EB2 numbers may retrogress 2 -3 years back(just my personal assumption). My PD is Dec 2002/EB3. I am trying to file a PERM case, future employment with another employer. I approached the lawyer with all the docs on Feb 10. After all the process is complete, the lawyer is hesitant to file even today. He might do it this week(after PERM system got upgraded on Friday). If that gets approved, then I will see which one of the 2 will be a better option.
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mahap001 said:
I recd a letter from ETA/Dallas BEC mailed to my home address with copies to my attorney and my employer. FINAL DETEREMINATION Dated April 26, 2005.

This letter was in my mail box evening of Thursday, June 16, 2005. My attorney informed on same day afternoon.

Hope this helps
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Congrats mahap001. I just sent you a private message. Please respond.

Regards,
raydhan
 
Thanks Activexxx. I am under the same impression that even if the labor approval comes through, there is no guarantee that there will be numbers available in the EB3 category. And I've heard that EB3 may retrogress even more than where it is now. EB2 will also definitely retrogress but not at the pace of EB3s (I hope). This is all so confusing.

Icarus, you are the only one who can confirm if my thoughts are in the right direction. Please help. And thank you for your time.
 
Bunty2772 said:
Thanks Activexxx. I am under the same impression that even if the labor approval comes through, there is no guarantee that there will be numbers available in the EB3 category. And I've heard that EB3 may retrogress even more than where it is now. EB2 will also definitely retrogress but not at the pace of EB3s (I hope). This is all so confusing.

Icarus, you are the only one who can confirm if my thoughts are in the right direction. Please help. And thank you for your time.
Click to expand...
Guru's,
Is there is site to track the progress of bills that r related to VISA numbers? I believe one was introduced in may12-13, this year. I heard of an alternate bill to this one, but dont know any details.
Also is there info on how many EB-2 numbers are there per year per country?
--MC
 
wtf

Now BPC wont even let us enquire about our case. another mis-fire by DOL in a series of misfires.

If time consumed by these enquiries and budget was concern here, why didnt DOL hire 100 more contractors and finish off the entire backlog work in lesser time, saving time and money?

DOL/USCIS = Lazy people = Always needing more excuses to delay work.


GC_from_NJ said:
The U.S. Department of Labor (DOL) provided the American Immigration Lawyers Association (AILA) with an update on PERM and the Backlog Reduction Centers on June 16, 2005. A summary follows.

PERM

Many of the initial filings made from March through May 2005 under the PERM labor certification system were denied within minutes of filing. This was caused by certain programmatic glitches that the DOL is working to fix. Considerable progress has been made, since cases are now being accepted into the system and approved. In an effort to address the initial case denials, the DOL is rerunning these cases through the matrix for a proper review. If the rerun shows that a case should not have been denied by the program, processing on the case will be resumed. If the program shows that the case should be denied, the denial will stand. The DOL will send notices on those cases that are denied a second time and hopes to have these notices out in early July 2005.

Backlog Reduction Centers

The DOL has asked that there be no inquiries as to whether a case has been received by the Backlog Reduction Centers unless proof is needed for a one-year incremental H1B extension. They report there are still tens of thousands of cases that need to be entered into their system. Anyone sending an eMail inquiry, without needing proof for the H1B extensions beyond six years, will likely receive an automated response that inquiries are not being accepted. Anyone asking for proof for an H1B extension filing, will receive a screenshot from the DOL of the file's data entry, showing that the file has been received. The U.S. Citizenship and Immigration Services (USCIS) reportedly has indicated that they will accept these screen shots as valid proof for the incremental H1B extension filings after the conclusion of six years on H1B status. We are pleased that the DOL and USCIS have coordinated on this matter, as it had been an area of substantial difficulty for many.

Case Closures at Backlog Reduction Centers

Some people are erroneously receiving letters that their labor certification cases have been closed due to failure to respond to the 45-day letter. These closure letters have been issued both in cases where the 45-day letters were never received and in those where the letter was received and a request to continue with the case was provided promptly. If one of the erroneous closure letters is issued in a case, the DOL will accept a response asking for the case to be reopened and showing why the closure is incorrect. If the attorney who filed the case is an AILA member, the AILA National Office will also accept the same information and forward it to the DOL.
Click to expand...
 
ravi_kiran99 said:
Hi All,

Are the labor approvals sent to employer , attorney and Applicant also.

Thanks in Advance.
Ravi
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Copies of the approval letter are sent to both the employer and the beneficiary. the certified application is sent only to the employer or their agent/attorney
 
Lc Approved

Hi all,

Just wanted to share the good news that we have received the leter from Dallas BEC today stating the LC on my EB2 RIR has been Certified.

STATE SWA: TX
EB2 or EB3: EB2
RIR or Regular: RIR
PD - Priority date: 08/19/02
RD - Regional receipt date: 03/05/03
New BEC Case no.: D-04289-XXXXX
45-day letter Date received: 12/15/2004
Recriutment Clarification call received on 05/27/05
Sent the additional Info. on 06/01/05
Certification letter dated 06/06/05
Received the certification letter on 06/27/05 which is today

Thanks all for the encouraging words.... and a special thanks to ICARUS for the great help he has been doing for this forum :)
 
Last edited by a moderator:
sbs said:
Hi all,

Just wanted to share the good news that we have received the leter from Dallas BEC today stating the LC on my EBE RIR has been Certified.

STATE SWA: TX
EB2 or EB3: EB2
RIR or Regular: RIR
PD - Priority date: 08/19/02
RD - Regional receipt date: 03/05/03
New BEC Case no.: D-04289-XXXXX
45-day letter Date received: 12/15/2004
Recriutment Clarification call received on 05/27/05
Sent the additional Info. on 06/01/05
Certification letter dated 06/06/05
Received the certification letter on 06/27/05 which is today

Thanks all for the encouraging words....
Click to expand...

COngratulations SBS.. Good Luck for Next Stages.
 
sbs said:
Hi all,

Just wanted to share the good news that we have received the leter from Dallas BEC today stating the LC on my EB2 RIR has been Certified.

Thanks all for the encouraging words.... and a special thanks to ICARUS for the great help he has been doing for this forum :)
Click to expand...

Great News SBS.. Thanks For Sharing with all of us.
 
recruitment clarification call

sbs said:
Hi all,

Just wanted to share the good news that we have received the leter from Dallas BEC today stating the LC on my EB2 RIR has been Certified.

STATE SWA: TX
EB2 or EB3: EB2
RIR or Regular: RIR
PD - Priority date: 08/19/02
RD - Regional receipt date: 03/05/03
New BEC Case no.: D-04289-XXXXX
45-day letter Date received: 12/15/2004
Recriutment Clarification call received on 05/27/05
Sent the additional Info. on 06/01/05
Certification letter dated 06/06/05
Received the certification letter on 06/27/05 which is today

Thanks all for the encouraging words.... and a special thanks to ICARUS for the great help he has been doing for this forum :)
Click to expand...

Congratulations for your certification!
Can you please share with us what is your recruitment clarification call about? That might help many people in this forum.
 
gp111 said:
CONGRATULATIONS...

DO not waste a single minute.. take couple of days off you need to but apply CONCURRENTLY !
Click to expand...

Hi friends,

I would like to know after filing I -485 one can get EAD in 90 days and Employer can not withdraw the case after 180 days, , is that correct?

From which date one should start counting Notice Date or RD?

Are thease days Business days or Calender days (Including Saturday/ Sundays and Holidays)?

When one files I-140 and I-485 concurrently, counting should start after approval of I-140, is that correct?

I will really appreciate your expert comments.

Thanks
 
gp111 said:
Copies of the approval letter are sent to both the employer and the beneficiary. the certified application is sent only to the employer or their agent/attorney
Click to expand...

Why they are sending to Applicant ? After I applied LC, I've changed my home address 3 times. Address, which I would have mentioned in LC is 1st home address, which I've vacated almost 2 years before. How do we update BEC with current home address ? I don't want my LC Approval in some one's mail box.

Let me know.
 
Delicateone said:
Hi friends,

I would like to know after filing I -485 one can get EAD in 90 days and Employer can not withdraw the case after 180 days, , is that correct?

Yeah.. You will get EAD is 30 to 90 days depenging upon which Center You are applying from (In CSC its less then 30 days). You can use AC-21 to change jobs after 180 days of I-485 receipt date

Are thease days Business days or Calender days (Including Saturday/ Sundays and Holidays)?

Calender days

When one files I-140 and I-485 concurrently, counting should start after approval of I-140, is that correct?

No.. Receipt date of I-485

I will really appreciate your expert comments.

Thanks
Click to expand...
 
dkgdkg said:
Why they are sending to Applicant ? After I applied LC, I've changed my home address 3 times. Address, which I would have mentioned in LC is 1st home address, which I've vacated almost 2 years before. How do we update BEC with current home address ? I don't want my LC Approval in some one's mail box.

Let me know.
Click to expand...

I have moved 3 homes in last 3 years & never updated Address in LC.. You do not need to.

They don't send LC to applicant but just send a letter mentioning that your LC has been approved. Looks like they started following USCIS.. I would say good for us, we don't have to beg our attornies / lawyers ( in some case Employers will not be able to take advantage !!!)
 
EB2 Retrogression

Hi,
I am aware about the EB3 retrogression, but could not find info on EB2 retrogression of visa numbers. Please could someone educate me on how this works. What exactly is a visa number and when is it given to you....at the i140 stage ot the I485 stage? I have an approved I 140 and pending I485 (pending 5 years service) thru a phsician NIW but am hoping to be able to apply thru labor certification for I140/adjustment of status.
Also, can anyone guess when they might get to Jan'03 cases? This is so confusing!
THANKS!!!!

EB2/RIR California
PD Jan 29,"03
45 day letter replied Jan 7, 05
 
Labor Approved...

:)

Hi I got my Labor Certification Approved.

PD Aug 2002
RD June 2003

State: California
EB-3

BS+2 years...
 
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