Dallas Backlog Elimination Center Tracking

[batang_tx]

Did anybody receive any further information about their case after receiving status as “Data Review?” especially people who have received the 45 day letter and replied it.

Icarus,

What should we do if we have replied for the 45 day letter way back and status is still “Data Review”?

Sorry for my ignorance, which is being done by BEC first in the Case Status field --> Data Review or RIR? My case status is RIR and I am confused what is really the state of my case. There was one explanation here of RIR Case Status saying that it means ready to be picked.

 

[m_chundi]

Currently still in mid-February 2003

Hi Icarus,
How many more cases in the RIR queue?
Looks like that is a good metric to guess when somebody's case will be taken up for analysys. Atleast until they start sending out new 45 day letters for the state cases.
Thanks for ur valuable contribution.
--MC

 

[vsaxena]

Sorry for my ignorance, which is being done by BEC first in the Case Status field --> Data Review or RIR? My case status is RIR and I am confused what is really the state of my case. There was one explanation here of RIR Case Status saying that it means ready to be picked.

It looks like that “Data review” is first then “RIR”. As per my understanding any case that has “RIR” status is basically in queue and will be processed by analyst based on PD.

I could be wrong but this what I have learned so far from this forum.

 

[shivab]

Yes it hurts me to get hurt from #$#$%^ heads

Srignram
How did u calculate this period of 10 months for a PD of 12/2003?
Just for information sake, buddy!

He can not digest things going well with others.

I guess its J.... factor that makes him want others' to happen after 10 months.

Friend, "srignram" I don't want to bother you or anybody in this forum with my whole history.

All I am requesting is clarification of RIR status. And the request is not addressed to you!!

Why should you bother about what I expect? - I did not mention my expectation in the request

There are hundreds who got their LC approved with a PD of 2005, if you only knew how and where to check.

It hurts me get hurt by someone talking out of their belly rather by their head!!

Shivab

 

[srignram]

Hi

He can not digest things going well with others.

I guess its J.... factor that makes him want others' to happen after 10 months.

Friend, "srignram" I don't want to bother you or anybody in this forum with my whole history.

All I am requesting is clarification of RIR status. And the request is not addressed to you!!

Why should you bother about what I expect? - I did not mention my expectation in the request

There are hundreds who got their LC approved with a PD of 2005, if you only knew how and where to check.

It hurts me get hurt by someone talking out of their belly rather by their head!!

Shivab

Hi,
I can understand your emotional feelings.Also i have got some other work to do, unlike you to visit this forum often.My theory is this: DBEC is clearing RIR that made to Regional now.As per ICARUS and subsequent analysis they are completing around 3500 to 4000 papers every month.If you are a regular visitor and reading all the old topics you can calculate total number of RIR papers filed in the year 2003 and your PD is DEc'03 and right now they are processing mid feb 2003.on top of it DBEC will start sending 45 days letter for SWA cases from Sep'05, once the reply from them come back those early RIR papers(there are hell a lot of people with 2001&2002 PD ) are waiting will come on to RIR queue.Now i leave it to your guess.
Finally my PD is Jul'03and my papers reached Regional before transferred to BEC, if anything good to happen then that is going to be foe me first before you.
one final advise there are lot of people early PD then you waiting patiently, so keep your cool or find the alternative.

 

[SJShark]

Is this possible?

Our HR representative forwarded this e-mail that she received from the Law Office to is.

"Since we have not received "45-day" letters from the Backlog Processing Center (BPC) on our pending AEC applications, we have decided to be proactive in letting the BPC know that ******* wishes to continue with the processing of its alien labor certification applications on behalf of your foreign national employees. To this end, we have prepared G-28 forms for ***'s signature which we are sending to you today. Once you return the signed forms, we will send letters to both BPCs letting them know you wish to proceed with these applications. We hope that these letters will be attached to the files/applications at the BPCs. As you know, the Centers have over 350,000 cases of which many are still not entered into their computerized tracking system.

Please let me know if you have any questions, and please let your foreign nationals know that we are doing what we can to follow up on their applications."


Is this possible

 

[kaizersoze]

PERM and RIR

Guys,

got this from www.Immigration-law.com. This is relevant for those who have pending cases in backlog and are planning to file fresh PERM case. If PERM gets approved, the older PD will be lost for sure now. THis is BAD.


08/11/2005: One Employer One Employee Labor Certification Principle Adopted by DOL

According to the Frequently Asked Questions Round 5 which was released yesterday, the DOL will recognize and certified only one labor certification for one employee by the same employer regardless of identical job or different job (Principle of One Labor Certification for One Employee Only with One Employer). Accordingly, effective August 31, 2005, the DOL will take following actions:
PERM Cases:
(1) Once one PERM case is certified, all other PERM applications filed by the same employer for the same employee will be denied regardless of same job or different job.
(2) Once one PERM case is certified and any backlog case is pending at the Backlog Processing Centers for the same employee, regardless of same job or different job, the Backlog Center will issure Notice of Findings to deny the pending backlog cases.
Backlog Cases:
Once one backlog case is certified, any other cases pending at the PERM National Processing Centers or the Backlog Processing Centers will be denied.
Revocation of Multiple Certified Cases:
Should they learn that multiple applications have been inadvertently certified for the same employer and the employee, regardless of same job or different job, all the cases which have been certified after the first case certification will be revoked by the DOL. Only first certified case will thus survice.
If the DOL inadvertently certified both PERM application and the backlog application, regardless of the sequence of the certifications, the DOL will revoke the PERM application.
Multiple Pending Cases:
When an application is pending, employer must first withdraw a pending application before a new application is filed for the same employee.
If Employer filed multiple cases and all these cases are pending, only the application which was filed "last" will be certified and all other cases which were filed prior to the last case filing will be denied.
For the details, read the full text of http://www.workforcesecurity.doleta.gov/foreign/pdf/perm_faqs_8-8-05.pdf

 

[UG.]

Hi UG,

1. Currently RIR queue is at Jan 2003

Is this a RD or the PD date?
I mean current process date for RIR cases is the PD date or the RD date, can you/anyone please clarify.

Based on that i can calculate estimation for my LC, my case details are
CA EB3/RIR
PD 11/18/2004


Thanks in advance,

Hi h1bpro

It’s PD.

If the assumptions hold true, I think you should receive your decision letter in 13 months - Sept 06. But I think as the data entry completes the queue will start moving faster than 2 months per month.

Sept 06, may be the worst case scenario.

 

[pagla]

Finally Labor is approved

Guys I was a silent reader of this exceptionally useful forum. Finally when I almost quit thinking about it, I recieved email from our Attorney that my case is approved from Dallas BEC.
My PD ==> Aug 5th 2002. CA Central Valley large hi-tech company some lay off.
Unfortunately they filed my case in eb3 so I can't take advantage of concurrant filing ...
Anyways thanks all for your help and support and see u in 140 and 485 forums ...

 

[vsaxena]

Guys I was a silent reader of this exceptionally useful forum. Finally when I almost quit thinking about it, I recieved email from our Attorney that my case is approved from Dallas BEC.
My PD ==> Aug 5th 2002. CA Central Valley large hi-tech company some lay off.
Unfortunately they filed my case in eb3 so I can't take advantage of concurrant filing ...
Anyways thanks all for your help and support and see u in 140 and 485 forums ...

CONGRATS BUDDY!

WHTA WAS THE JOB TITLE AND JOB REQUIREMENT ON YOUR LABOR?

WHEN DID u REPLY FOR 45DAY LETTER

THANKS,

 

[patience13]

Icarus,

Do you mean to say that all the cases with case status RIR are already picked up from the FIFO Queue. My case status shows as RIR but my PD is June 2003.

Appreciate all your efforts.

--------------------------------------
No, what Icarus said is "Status" RIR/TR" means they are in the RIR/TR Queue after getting the reply on 45 day letter. But if your case is old (say PD in 2002) and still Status in "RIR/TR" then it means, it could be picked from the Queue and being reviewed by Analyst AND/OR they are waiting on a response from the agent/employer to a possible RIR denial or a possible NOF/denial.

But if your PD in 2003 then it means they might still be working on earlier PD cases and not reached your case yet, so it's still in the Queue.

 

[MBBS]

TR cases at DBEC

Hi Icarus,

Can you please throw some light on current approval Q for TR cases at DBEC. What is the meaning of 'TR' status in Screen shot. Does it means that the case is waiting in FIFO Q for final analysis? Looks like cases with priority dates in the year 2000 are still having TR status in sceen shot.

Regards

MBBS

 

[redhiker]

final determination letter received!

hi everyone,

last month, i requested for a screenshot from DBEC and i got a reply back the next day with the case status CERTIFIED. today, i got the final determination letter from DOL ETA that says form ETA 750 has been certified. the date submitted on my screenshot and the date of the actual letter are the same, 6/14/05. it took them almost 2 mos. to mail the letter.

i wish you all good luck and thank you for all the helpful info i got from here.
special thanks to Icarus and gp111.

 

[life_w/o_gc]

Hi All,

I am back after a longtime.

Can somebody explain what is screenshot?

PD: april 2002

EB3/NON RIR

CA

T-05140-***** temporary number received on 25 may2005

No 45 days letter.

 

[MBBS]

 

[mnhrdc]

Hi All,

I know that most of us want to be kept updated on our case and find out what's happening with it. The loophole in teh 7th yr extension email address has been so abused now that there's a message on Murthy.com's bulletin this week about people using it for status checks. Please do not use it unless you really really really need an extension and haven't received a 45 DL that you can use as proof for filing the extension.

---------------------------------
DOL Concern with Abuse of the LC Verification Procedure

The U.S. Department of Labor (DOL) labor certification Backlog Elimination Centers (BEC) have an eMail address available for requesting a screenshot of the date a pending labor certification was filed. This system was begun so that pending labor certification cases could be confirmed to establish eligibility for H1B extensions beyond the six-year limit. The system is apparently being abused by those sending requests that are clearly unrelated to H1B extensions. This misuse is causing delays for bona fide H1B extension applicants.

The Philadelphia BEC reported in July 2005 that they are receiving eMails requesting the case confirmation screen even when the beneficiary is not in H1B status. As a result, the Philadelphia BEC may be delayed in sending the screenshots for legitimate H1B extension cases. The Philadelphia BEC has requested that the eMail address only be used to request screenshots for proof for one-year incremental H1B extensions only.

We presume that people have been utilizing this eMail address simply to verify that a case has reached the BEC. It is certainly understandable that having cases in an untraceable system creates anxiety and even distrust between employer / employee and client / attorney. There are also times when the filing date and proof of the filing date are vital. This is true in cases filed prior to April 30, 2001, for 245(i) qualification. Thus, people may be seeking the proof of filing for purposes of establishing 245(i) eligibility based upon the labor certification filing. The verification system was established, however, for the limited purpose of H1B extensions while the data is being entered into the system. This restriction should be recognized and respected to help everyone in the long run.

On a related but separate matter, we at The Law Office of Sheela Murthy suggest that the DOL may wish to consider permitting verification through the eMail address or another system for other genuine purposes for those who need some verification or are anxious about pending cases. Of course, after the DOL issues all the 45-day continuation letters, the need for the eMail address for H1B extensions is eliminated. The excessive demand for eMail verifications is likely delaying the issuance of the 45-day letters and case processing by the BECs, so it is best to cooperate and use the system sparingly for legitimate cases.

---- from murthy.com's weekly bulletin

My 2 cents about this article.

I think its long memory for Murthy that they have forgotten there concerns/anxiety they had when applied for there GC process.
It is very easy to say that system is abused to other person when you are on the other side of system. Now it is more than 12 months that no information is availble from Attorney/Employer/AGent/BEC/ for people who applied LC.
Earlier we could have found all our information on web from dflc at DOL and also AVM was availble to know status of current date.

I think murthy.com is hypocryte calling immigrants as email abusers and make a livelyhood from the same abusers. Beggers are not Choosers

 

[WhyThisDelay]

Hmmmmm.. So there is a ton of risk in filing a new EB2 PERM application just to get benefit of faster processing.

Thanks for the update buddy.

Guys,

got this from www.Immigration-law.com. This is relevant for those who have pending cases in backlog and are planning to file fresh PERM case. If PERM gets approved, the older PD will be lost for sure now. THis is BAD.


08/11/2005: One Employer One Employee Labor Certification Principle Adopted by DOL

According to the Frequently Asked Questions Round 5 which was released yesterday, the DOL will recognize and certified only one labor certification for one employee by the same employer regardless of identical job or different job (Principle of One Labor Certification for One Employee Only with One Employer). Accordingly, effective August 31, 2005, the DOL will take following actions:
PERM Cases:
(1) Once one PERM case is certified, all other PERM applications filed by the same employer for the same employee will be denied regardless of same job or different job.
(2) Once one PERM case is certified and any backlog case is pending at the Backlog Processing Centers for the same employee, regardless of same job or different job, the Backlog Center will issure Notice of Findings to deny the pending backlog cases.
Backlog Cases:
Once one backlog case is certified, any other cases pending at the PERM National Processing Centers or the Backlog Processing Centers will be denied.
Revocation of Multiple Certified Cases:
Should they learn that multiple applications have been inadvertently certified for the same employer and the employee, regardless of same job or different job, all the cases which have been certified after the first case certification will be revoked by the DOL. Only first certified case will thus survice.
If the DOL inadvertently certified both PERM application and the backlog application, regardless of the sequence of the certifications, the DOL will revoke the PERM application.
Multiple Pending Cases:
When an application is pending, employer must first withdraw a pending application before a new application is filed for the same employee.
If Employer filed multiple cases and all these cases are pending, only the application which was filed "last" will be certified and all other cases which were filed prior to the last case filing will be denied.
For the details, read the full text of http://www.workforcesecurity.doleta.gov/foreign/pdf/perm_faqs_8-8-05.pdf

 

[h1bpro]

HI UG,

Thanks for the info, but as in your case I am not sure where my case is?
DBEC is faster than PBEC and if things remain same it would be a bit delay than expected.

What do you say?
Hope things will get better and the processing speed will go up,


Thanks,

Hi h1bpro

It’s PD.

If the assumptions hold true, I think you should receive your decision letter in 13 months - Sept 06. But I think as the data entry completes the queue will start moving faster than 2 months per month.

Sept 06, may be the worst case scenario.

 

[djb]

1 Labor policy

Hi gurus,

I have one Labor filed at CA (PD-3/2002) and another one from IL (PD-1/2004) with the same employer. None of the applications are PERM applications.

CA application is in PBC
IL application is in DBC

In my case with 2 applications, both in BackLog Reduction Centers, it is not clear to me whether

(a) the “last” application (filed from IL) will be chosen for processing (automatically denying the CA application)

or

(b) both applications will be in the queue for processing till one gets approved.

In light of the "1 employee - 1 Labor" policy, please advise which of the above options will be applicable to my case.

 

[Fishs0201]

Hi All,

I am back after a longtime.

Can somebody explain what is screenshot?

PD: april 2002

EB3/NON RIR

CA

T-05140-***** temporary number received on 25 may2005

No 45 days letter.

Send email to h1b7yr@dal.dflc.us for the Dallas Center and h1b7yr@phi.dflc.us for the Philadelphia Center.
Include in this request all pertinent information (employer name and address, alien name and address, date of filing, state where filed, case number, if known).

Wait for several hours to days then you will receive email reported your status.
That is the screenshot.

Usually, Philadelphia Center will return quickly even you are belonged to Dallas Center. They use the same database.

The original purpose is for people to extend 7th year H1b but they do not check whether you are qualified for 7th h1b or not.