Dallas Backlog Elimination Center Tracking

[cipher8000]

ICarus, Thanks very much

Hi ICarus,

any news on how many cases approved this week? do you know how many cases pending in CO queue and the current priority date in CO level queue?

thanks very much.

 

[gp111]

No guesses here on 24-30 months yet....I do know that Dallas should reach 5,000 CERTIFICATIONS alone by the end of next week (7/8). Philly is behind that number somewhat, but....

this 5000 mark will make Approval Queue to reach PD Nov 2002 ?

thanks for your insights

 

[Icanus]

Cost $ave Question?

If BEC is going to send 45-day letters for all 360,000 cases, it will cost them about $133,200 just for postage.

Then add other costs associated with the service (i.e. putting the letters in the envelope, taking it to the post office, receiving the returned letters, and keeping the responses in the right file in the right order etc).

So, I think the contractor will try it's best to $ave some cost out of this process.

That means it may not send 45-day letters for all cases. It may simply finish the same job by sending an email or making a quick phone call to the attorneys or companies.

What do you guys think?

 

[WellWisher007]

Dear Icarus (Your insights into my case will help me)

Dear Icarus,

Greetings!!!

First of all,thank you for the valuable information that you provide on this forum.. I am sure everyone appreciates your selfless help here...

I had posed this question earlier... I just want to hear it from you...It will make me much more comfortable.. I need a very honest opinion from you... I need it to decide if I should seriously consider converting my RIR process to PERM..

Here is my case details: Nebraska SWA case reached Nebraska in Aug 2004, was approved immediately forwarded to Chicago DOL on Aug 26 2004.. It was forwarded to Dallas BPC very early in January 2005... My case # at Dallas BPC is D-05006-XXXXX (I got this number from Dallas by writing an email to them), which means that it was entered into the system on 06th January 2006... It has been almost 6 months now; however I have not received the 45-day letter.. All the Nebraska cases forwarded to Chicago DOL before my PD and after my PD, have already received the same.. So, I am concerned... My case was submitted as a Sr. Systems analyst.. However the wage that was offered on the application was less than the Prevailing wage determined by SWA; however the offer salary was more than 95 % of the prevailing wage... Can this be the reason for the delay in generating the 45-day letter... I had seen in one of your earlier posts, you had mentioned that the data entry person may enter a case in skeleton to retrieve the case #, then move on to new cases and come back and finish the data entry... what is the basis or the factors which lead him to enter data in parts?... Is it if the application needs more information?.. Is it becuase the case has loop-holes, so needs additional time for data entry?....Please shed some light..

Also, I am evaluating the possibility of converting my case to PERM.. Will you recommend such a step?.. The strange thing is, when my lawyer applied for my prevailing wage this time for PERM conversion, the wage was determined to be almost 25 % less than what was determined before RIR application.. I am not sure if the lawyer is not doing something correct here, with regards to the Prevailing wage determination...

I will be grateful to you, if you can give me as much guidance as possible... I need to make some decisions, and need facts from people like you, to determine the right course of action..

Thanking you..

Sincerely,
WellWisher007

 

[WellWisher007]

If BEC is going to send 45-day letters for all 360,000 cases, it will cost them about $133,200 just for postage.

Then add other costs associated with the service (i.e. putting the letters in the envelope, taking it to the post office, receiving the returned letters, and keeping the responses in the right file in the right order etc).

So, I think the contractor will try it's best to $ave some cost out of this process.

That means it may not send 45-day letters for all cases. It may simply finish the same job by sending an email or making a quick phone call to the attorneys or companies.

What do you guys think?

Wishful thinking!!!!... I like the way you think though...

 

[Icanus]

Icarus,

As of 6/27/05 we have seen the following updates on BEC:

1. The BEC has data entered approximately 200,000 of the pending 360,000 cases.

2. BEC expects to receive all cases by June 30, 2005.

3. The goal is to have data entered all these cases by September 30, 2005.....

So, my question is:

Has the contractor "outsourced" the data entry portion (just to input the initial info, skeleton etc.) of the task to some other companies (sub-contractors)?

Because, the key word on #2 above is "RECEIVE".

Please advise.

Thanks.

 

[labordrags]

If BEC is going to send 45-day letters for all 360,000 cases, it will cost them about $133,200 just for postage.

Then add other costs associated with the service (i.e. putting the letters in the envelope, taking it to the post office, receiving the returned letters, and keeping the responses in the right file in the right order etc).

So, I think the contractor will try it's best to $ave some cost out of this process.

That means it may not send 45-day letters for all cases. It may simply finish the same job by sending an email or making a quick phone call to the attorneys or companies.

What do you guys think?

I think DOL has already planned its budget before making the choice of either sending out 45 days letter to all its pending LC seekers. The budget must been allocated in order to fund the associated cost for letter and stamp. Since USPS and DOL both are the government agency, it may work out costwise when sending out all the letters. I don't think just these cost mentioend by you will push DOL backward in sending out letters. How could they send emails to the employee or to call them, how do they get email address of the filed employer, or in some instances what happens if the phone number got changed?

 

[gp111]

As of 6/27/05 we have seen the following updates on BEC:

1. The BEC has data entered approximately 200,000 of the pending 360,000 cases.

2. BEC expects to receive all cases by June 30, 2005.

RECEIVE here MEANS, PHYSICALLY RECEIVING BOXES

3. The goal is to have data entered all these cases by September 30, 2005.....

So, my question is:

Has the contractor "outsourced" the data entry portion (just to input the initial info, skeleton etc.) of the task to some other companies (sub-contractors)?

Because, the key word on #2 above is "RECEIVE".

Please advise.

Thanks.

Some of the cases are still with SWAs/Interjet etc. DOL expects to receive all remaining cases by June 30th

 

[labordrags]

Some of the cases are still with SWAs/Interjet etc. DOL expects to receive all remaining cases by June 30th

How do you know some of the cases are with Enterject? Since the DOL website clearly shows all the cases transfered to D-BEC???

 

[goshik]

No guesses here on 24-30 months yet....I do know that Dallas should reach 5,000 CERTIFICATIONS alone by the end of next week (7/8). Philly is behind that number somewhat, but....

On June 16 you said:

CO's just passed 3000 certs total this past week. Unfortunately, no way of knowing on my part as to the PD they're on.

So, it's 1000 cases / biweekly, -- 2000 cases per month for Dallas only. With this speed they will cover all region cases (50,000 / 2) in a year.

 

[gp111]

How do you know some of the cases are with Enterject? Since the DOL website clearly shows all the cases transfered to D-BEC???

DOL website just shows the schedule of transfer.. It does not say anywhere that all the cases transfered to D-BEC..

 

[gp111]

On June 16 you said:

So, it's 1000 cases / biweekly, -- 2000 cases per month for Dallas only. With this speed they will cover all region cases (50,000 / 2) in a year.

Current Speed is very slow given that most of the staff is busy in Data Entry. It will pick up ones Data entry is complete

 

[labordrags]

DOL website just shows the schedule of transfer.. It does not say anywhere that all the cases transfered to D-BEC..

Even that we are not sure if the pending cases are within Enterject, since its already been phased out, why would DOL still want their LC papers to let it sit with them?

 

[sfmars]

Current Speed is very slow given that most of the staff is busy in Data Entry. It will pick up ones Data entry is complete

It would be very good if it happens like you said.

But it can also slow down the process because each response for the 45 day letter needs to be processed and I am afraid they process them manually.

And may be only quite a few SWA people got 45 letters and majority of them in the process of waiting.

 

[goshik]

It would be very good if it happens like you said.

But it can also slow down the process because each response for the 45 day letter needs to be processed and I am afraid they process them manually.

And may be only quite a few SWA people got 45 letters and majority of them in the process of waiting.

you think it will be worse???? even if it remains with the same speed it will cover all cases in 5-6 years. Who will be able to wait another 5-6 years??? They made a solution - PERM, and looks like they just want us to jump in.....

 

[sfmars]

you think it will be worse???? even if it remains with the same speed it will cover all cases in 5-6 years. Who will be able to wait another 5-6 years??? They made a solution - PERM, and looks like they just want us to jump in.....

I believe more more it is their general idea.
They have invested a lot of money in it and they do not want to waste them

 

[Asib]

Some enterjet files in TWC

Even that we are not sure if the pending cases are within Enterject, since its already been phased out, why would DOL still want their LC papers to let it sit with them?

We contacted TWC (my attorney and myself) and they confirmed that my case and some other files are still there. By the way they were very rude and offending in answering questions. The polite translation can be:
Q- What are those files? A: Enterjet files.
Q- Are you doing any process on them? A:No
Q- Why are those files still there? A: No idea
Q- When do you send them? A: No idea, check back every other month
Q- But DOL website says all files have been shipped to BEC? No idea

 

[labordrags]

We contacted TWC (my attorney and myself) and they confirmed that my case and some other files are still there. By the way they were very rude and offending in answering questions. The polite translation can be:
Q- What are those files? A: Enterjet files.
Q- Are you doing any process on them? A:No
Q- Why are those files still there? A: No idea
Q- When do you send them? A: No idea, check back every other month
Q- But DOL website says all files have been shipped to BEC? No idea

Thanks for the reply. I was totally confused if/why those files still sittin there? Anyways, no one knows better than DOL.

 

[WaitingonLC]

Substitution vs. Amendment to Replace Alien Beneficiary in the Labor Certification Application

Since the DOL and USCIS are planning to terminate the substitution of alien beneficiary for the certified labor certification application, employers should understand the purpose of the underlying policy and the difference between substitution and amendment of the labor certification application to substitute the alien beneficiary. The details of the regulation terminating the alien substitution have yet to be released. As the title of the regulation would reflect, the purpose of the termination of substitution is to remove the fraudulent abuse of the sustitution by allowing the employers to file bogus labor certification applications for fraudulent purposes. Accordingly, the opportunities for such substitution will be uprooted by the forthcoming regulations.
Substitution of the alien beneficiary has been taking place at the three different stages. The first stage of substitution can take place before the labor certification application is approved by the labor department. This procedure has traditionally been called not substitution but amendment of the pending labor certification application. The amendment is available in the conventional labor certification process when the proposed amendment would not materially change the occupational classification, location of the intended employment and qualification requirement. These changes are considered "material change," in the sense that they will affect the prevailing wage determinations and the determination of availability of qualified U.S. workers, which are the backbone of the foreign labor certification system. However, the change of the alien beneficiary will have no effect whatsoever on the prevailing wage and availability of qualified U.S. worker for the occupation. In this regard, it has not been considered a material change and has been permitted under the traditional labor certification system. It is anticipated that the amendment of the "pending" labor certification application to replace the alien beneficiary is and will be continuously allowed in the future. The employers tended to wait for the approval of the labor certification applications to substitute the alien beneficiary in the past, but considering the fact that the DOL and the USCIS are really determined to eliminate the substitution system, the employers cannot afford waiting for the approval of the alien labor certification applications which have been pending at the Backlog Processing Centers to replace the alien beneficiary because of unavailability of the alien beneficiary for whatever reasons.
As contrasted to the "amendment," substitution takes place only after the labor certification application has been approved. Under the labor certification rule, the DOL is not allowed to change the certified labor certification applications and the legal proceeding involving substitution of alien beneficiary is only related to the USCIS I-140 petition proceeding. The substitution of alien beneficiary takes place at two different stages. One is the substitution of alien beneficiary before any I-140 petition has been filed or approved for the original beneficiary. In this case, substitution means that the employer files a I-140 petition on behalf of the new alien beneficiary using the approved labor certification application and attaching part B of the application for the new alien beneficiary. The second step involves post approval of I-140 petition on behalf of the original alien beneficiary. Once the petition has been granted, the employer cannot substitute the alien beneficiary unless the employer first withdraws the approved I-140 petition on behalf of the original alien beneficiary and requests the USCIS to substitute the alien beneficiary by filing a new I-140 petition on behalf of the new alien beneficiary.
Once the regulations to eliminate the substitution in the labor certification applications are enacted, it is anticipated that both of the above-described substitution opportunities may disappear due to the twin-devices the regulations will provide: One is the 45-day period of sort of statute of limitation. The regulation will invalidate the certified labor certification application unless I-140 petition is filed within 45 days of the labor certification. Accordingly, most of the "reserve" or "pool" of the certified labor certification applications that scam artists intend to use for the fraudulent commercial purposes may be wiped out. The second device is total elimination of substitution of alien beneficiary. Both of these devices may apply retroactively unless the I-140 petitions are pending at the time of the effective date of these regulations. We will have to wait and see whether the new rules will apply retroactively or prospectively only.
The foregoing discussion suggests the employers two options: If the employers have a certified labor certification and need a substitution, they should file I-140 petition for the new employees as soon as possible not to take any chances. If the labor certification applications are still pending at the Backlog Processing Centers, they should file amendment as soon as possible. Amendment can be as valuable and powerful as the substitution in that the new alien beneficiary keeps the priority dates. Employers should seek legal counsel for the amendment of the pending labor certification applications.(source:immigration-law.com)

 

[shaaka]

icarus
can we expect a 2 month delay after a case is analysed to be approved by the CO?based on your judgement is it generally more or less than 2 months.thanks again for all your help.