Dallas Backlog Elimination Center Tracking

[AAnya]

SFMARS,
But dont you think the 45 day letter should be generated for you based on the following rules.

1.Data Review is the status assigned when data entry is complete and the case is awaiting a response to the 45-day letter.
2.Existence check is done several ways. First, the PBLS system uses an internal database of employers to check for the employer/address combination. If that fails, the data entry analyst must do a manual check using on-line databases and search engines. If this fails, the employer/agent is notified of the failure and must provide Tax ID, Articles of Incorporation, a tax return or other third-party based documentation of existence.
3.T is the prefix assigned to the case during data entry prior to completion and generation of the 45-day letter. D is the prefix that replaces T when the 45-day letter is generated.
4. The 45-day letter is generated and mailed within 48 hours of the completion of data

 

[sfmars]

SFMARS,
But dont you think the 45 day letter should be generated for you based on the following rules.

1.Data Review is the status assigned when data entry is complete and the case is awaiting a response to the 45-day letter.
2.Existence check is done several ways. First, the PBLS system uses an internal database of employers to check for the employer/address combination. If that fails, the data entry analyst must do a manual check using on-line databases and search engines. If this fails, the employer/agent is notified of the failure and must provide Tax ID, Articles of Incorporation, a tax return or other third-party based documentation of existence.
3.T is the prefix assigned to the case during data entry prior to completion and generation of the 45-day letter. D is the prefix that replaces T when the 45-day letter is generated.
4. The 45-day letter is generated and mailed within 48 hours of the completion of data

AAnya,

I read this post from Icarus which placed on this forum some time in June.

May be that was right for the cases entered before May 2005, when they worked with ones which came from Regions.

Unfortunately it is not right for the curent period of time. Judging by my case
"Data Review" since 07/05/2005, Case of sleepless_in_in was entered some time in May 2005 up to now has "Data Review"

I know that case of Detroit_2003 (even regional) had number starting with "D-" almost half year (without 45 day letter) and he got 45 day letter sometime in the middle of July.

I do not believe what Icarus said is right for today.

I would be very happy to see 45 day letters again but I think it will not happen soon.

My own vision that we will not see 45 day letters till 2006.

 

[m_chundi]

Appreciate your input, no I do not have any risk of layoff, and My employer is paying for everything, do you think I should ask my employer for Premium processing?????., as fas as I know my employer is planning file in the month of November...

Thank You,
CA RIR/EB3
PD Dec'2003
RD Dec'2004
ETA# D-05145-XXXXX
45 day letter recieved by Dallas BEC on June'23rd'2005
Case Status:RIR as of Aug'16'2005(Screen shot from Philly)
Labor Approval (ETA) date: JAN'27'2006?????

Yes, if he paying for it. In case u plan a vacation or otherwise, u can get it stamped till the end of mar-07, if u have the H1-B with u.
--MC

 

[m_chundi]

Should I file 7th year extesion 6 month before 6th year expiration date????

If my 6 year expiring in March'06 then I should apply for 7th year Oct'05, Please guru let me know so I can inform my employer accordingly?????.

Many Thanks
CA RIR/EB3
PD Dec'2003
RD Dec'2004
ETA# D-05145-XXXXX
45 day letter recieved by Dallas BEC on June'23rd'2005
Case Status:RIR as of Aug'16'2005(Screen shot from Philly)
Labor Approval (ETA) date: JAN'27'2006?????

No, u can file anytime after oct, before mar-06.
--MC

 

[mkrishna75]

Iowa Cases

Any news on Iowa Cases? Any approvals, 45 day letters, communication about Iowa cases??

K

 

[JustLCed]

Letter is with the lawyer, Dont know when it got certified

 

[UG.]

Which stage comes first
Is it 'Data review' after 'RIR' or "RIR' stats after 'Data review'. My PD is Sept.2002 and status is still 'RIR'.

http://boards.immigrationportal.com/showpost.php?p=1235401&postcount=6745

 

[jnpr]

I received screenshot as below...
What is that first line which says as as "Perm Backlog Case Event"?
Does everybody gets the same.
My case was normal RIR no PERM.


-------------
This is in response to your inquiry on your pending application for Foreign Labor Employment Certification.

Perm Backlog Case Event

Case Information

ETA Case Number: D-0428*-****
Priority Date: 11/**/2002
Processing Type: RIR Case Source: Region
Employer Name: *** Business Activity: ***
Occupation Title: *** Occupation Code: ***
Rate of Pay: *** Prevailing Wage: ***
Alien Name: *** Visa Type: H-1B
Nationality or Citizenship: ***
Case Received Date: 09/**/2004 Processing Center: Dallas Backlog Elimination Center
Case Status: RIR

Perm here means "permanent certification" which allows an employer to hire a foreign worker to work permanently in the United States compared to "temporary labor certification",
"PERM" system, stands for Program Electronic Review Management (obviously, the government came up with the acronym first and then named the program).

 

[kgp]

My RIR case was filled in Jan 2002 by a big company (A) of over 85,000
employees which went to Regional in Dec 2002, My division was outsourced
to Company B (Employee over 300,000) in 2004 and Company B submitted
Successor -in - interest papers etc.

I was not sure if DOL changed employer name on my application or not so I
sent two email request to the BEC for the screen shot's with Following

Information:
First email:
Employer Name: A
Alien Name: ********
Regional Case Number: 0541****

Second email:
Employer Name: B
Alien Name: ********
Regional Case Number: 0541****

Reply I got is a screen shot with Employer Name: C

Employer Name: C
Alien Name: ********
ETA Case Number: T-******
Priority Date:
Case Status: Incomplete

A third company C also applied my LC in 2004.

My Question: request I sent was for Employer A AS WELL as for Employer B.
BUT REPLY COMES WITH Employer C, does that means that:
1. BEC search by Alien Name and whatever comes first that is sent to the
Alien?
or
2. They search by Employer name & alien name with search option of FIND
any word and in my case they find only case with Employer C? If this is
true how to get Screen Shot for Employer A/B?

Any Idea?

 

[jnpr]

My RIR case was filled in Jan 2002 by a big company (A) of over 85,000
employees which went to Regional in Dec 2002, My division was outsourced
to Company B (Employee over 300,000) in 2004 and Company B submitted
Successor -in - interest papers etc.

I was not sure if DOL changed employer name on my application or not so I
sent two email request to the BEC for the screen shot's with Following

Information:
First email:
Employer Name: A
Alien Name: ********
Regional Case Number: 0541****

Second email:
Employer Name: B
Alien Name: ********
Regional Case Number: 0541****

Reply I got is a screen shot with Employer Name: C

Employer Name: C
Alien Name: ********
ETA Case Number: T-******
Priority Date:
Case Status: Incomplete

A third company C also applied my LC in 2004.

My Question: request I sent was for Employer A AS WELL as for Employer B.
BUT REPLY COMES WITH Employer C, does that means that:
1. BEC search by Alien Name and whatever comes first that is sent to the
Alien?
or
2. They search by Employer name & alien name with search option of FIND
any word and in my case they find only case with Employer C? If this is
true how to get Screen Shot for Employer A/B?

Any Idea?

I don't know how they deal with your email, but it must have some filters. Your case is complicate so you should ask your lawyer/employer to call them.

As my observation, for those of you who really really really need a screen shot, mostly authentic email:
1. include “H1B 7 year extenstion” in the body of your email, even if you are applying for 8th, 9th, or 10th year H1B;
2. put “High Importance” label or Exclamation Mark or "!" on your email. This function might not exist in hotmail, but only in Outlook.

 

[sfmars]

1. Your A and B applications may be not in the BEC. If you have old PD they could stay in the Regional DOL and were not shipped to BEC. They can simply do not have them, so there is nothing to send to you.

We had several such people who desperately expected 45 letters from BEC and then finally got approvals from Regional DOLs.

What State did you file A and B applications from ?

2. BEC could realize that you can not work for several employers and gave you the last one because they may have thought that only your last employer needs proof of pending application to H1 ext for 7th year.

My RIR case was filled in Jan 2002 by a big company (A) of over 85,000
employees which went to Regional in Dec 2002, My division was outsourced
to Company B (Employee over 300,000) in 2004 and Company B submitted
Successor -in - interest papers etc.

I was not sure if DOL changed employer name on my application or not so I
sent two email request to the BEC for the screen shot's with Following


A third company C also applied my LC in 2004.

My Question: request I sent was for Employer A AS WELL as for Employer B.
BUT REPLY COMES WITH Employer C, does that means that:
1. BEC search by Alien Name and whatever comes first that is sent to the
Alien?
or
2. They search by Employer name & alien name with search option of FIND
any word and in my case they find only case with Employer C? If this is
true how to get Screen Shot for Employer A/B?

Any Idea?

 

[mathewk]

Iowa

RIR IOWA AUG 04 EB3 - 45 day letter received yesterday.


M Krishna ,
From which source u got this info ?

from ur postings earlier ...
"I recently heard about Iowa cases being put on hold till SWA comes back and approves of the locations of the companies being the "nerve centers" for the firm. Can anyone confirm this information? Whats the effect if a firm cannot prove it? "

 

[mkrishna75]

Iowa Cases

I heard it from my employer but there is no real proof. Looks like our lawyer told him abt it. If anyone can confirm it, it'll be great.

 

[grace5]

Status - Data review

Hello all,

My PD is Jan 2003 and status is "Data Review" as of in 8/10/05. If "RIR" comes after that, then they are either working on my case with NOF or they are not doing anything. My attorney is the "do nothing type". He didn't tell me any inquiry from BEC last time we spoke 2 weeks ago. He told me generally BEC is working on 2002 cases only. Nothing more than we already know.

 

[GCOnly]

Should I file 7th year extesion 6 month before 6th year expiration date????

If my 6 year expiring in March'06 then I should apply for 7th year Oct'05, Please guru let me know so I can inform my employer accordingly?????.

Many Thanks
CA RIR/EB3
PD Dec'2003
RD Dec'2004
ETA# D-05145-XXXXX
45 day letter recieved by Dallas BEC on June'23rd'2005
Case Status:RIR as of Aug'16'2005(Screen shot from Philly)
Labor Approval (ETA) date: JAN'27'2006?????

My attorney filed for my 7th year extension two months prior to the expiration of the 6 year H1B period. My 7th year is gonna expire in Feb 2006 and my attorney has initiated my 8th year extension and is targeting to file it before the end of this month. Hope this helps!

 

[vladys]

Hello Please help!!

Hello Guys

My Labor receipt notice from SWA gives me a Reference number:xxxxxx (6 digits). My priority date for labor is 10 Nov 2004. My 6th year expires on jan 8th 2006. As you see i still havent completed one year/365 days after filing labor.

1.Can i send an email requesting for proof of labbor pending...now? I stillhvnt completed 365 days..is that a problem?

2. Can i file for my H1B 7th year extension now or should i apply after Nov 10th 2005.

Appreciate your help!!

Thanks

 

[activex111]

Eb3 Cut Off Date Could Be Jan 1, 2001????


Received this information from my lawyer's office. As per him the cut off date for EB3 is going to be JAN 1, 2001. HOLY SMOLY..!! THATS SUCKS...

===========
[/list]Third-preference immigrant visa retrogression. According to the State Department’s September 2005 visa bulletin, the agency will set cut-off dates for third preference (EB-3) professional and skilled workers from India, China, the Philippines and possibly Mexico as of October 1, 2005. The agency is expected to announce that foreign nationals from these countries with priority dates falling after January 1, 2001 will be unable to apply for an immigrant visa or submit an application to adjust status to permanent residence until their priority date once again becomes current. Due to exceptionally heavy demand, worldwide cut-offs in the EB-3 professional/skilled worker category could occur by December 2005, though earlier worldwide cut-offs are possible. In addition, FRAGOMEN has learned through discussions with State Department officials that the “other workers” subcategory of the third employment-based preference could experience retrogression as well, with cut-offs affecting those with priority dates in 1999 and beyond.
[/list]

• 
  Retrogression in other employment-based preference categories. In addition to anticipated cut-offs in the EB-3 category, the State Department is projecting the possibility of visa retrogression in the employment-based first and/or second preferences for foreign nationals born in India and China. These retrogressions may occur as early as October 1, 2005, but are expected to occur no later than December 2005.
  Other employment-based categories are expected to be current for the first six months of FY 2006, but it remains to be seen whether these categories will remain current after that time.

 

[dsugandhi]

Hello Guys

My Labor receipt notice from SWA gives me a Reference number:xxxxxx (6 digits). My priority date for labor is 10 Nov 2004. My 6th year expires on jan 8th 2006. As you see i still havent completed one year/365 days after filing labor.

1.Can i send an email requesting for proof of labbor pending...now? I stillhvnt completed 365 days..is that a problem?
No problem. Request it ASAP

2. Can i file for my H1B 7th year extension now or should i apply after Nov 10th 2005.
Apply after 10th Nov 2005

Appreciate your help!!

Thanks

 

[vladys]

Hello Please help!!

My Labor receipt notice from SWA gives me a Reference number:xxxxxx (6 digits). My priority date for labor is 10 Nov 2004. My 6th year expires on jan 8th 2006. As you see i still havent completed one year/365 days after filing labor.

1.Can i send an email requesting for proof of labbor pending...now? I stillhvnt completed 365 days..is that a problem?

2. Can i file for my H1B 7th year extension now or should i apply after Nov 10th 2005.

Appreciate your help!!

Thanks

 

[jnpr]

Received this information from my lawyer's office. As per him the cut off date for EB3 is going to be JAN 1, 2001. HOLY SMOLY..!! THATS SUCKS...

===========
[/list]Third-preference immigrant visa retrogression. According to the State Department’s September 2005 visa bulletin, the agency will set cut-off dates for third preference (EB-3) professional and skilled workers from India, China, the Philippines and possibly Mexico as of October 1, 2005. The agency is expected to announce that foreign nationals from these countries with priority dates falling after January 1, 2001 will be unable to apply for an immigrant visa or submit an application to adjust status to permanent residence until their priority date once again becomes current. Due to exceptionally heavy demand, worldwide cut-offs in the EB-3 professional/skilled worker category could occur by December 2005, though earlier worldwide cut-offs are possible. In addition, FRAGOMEN has learned through discussions with State Department officials that the “other workers” subcategory of the third employment-based preference could experience retrogression as well, with cut-offs affecting those with priority dates in 1999 and beyond.
[/list]

• 
  Retrogression in other employment-based preference categories. In addition to anticipated cut-offs in the EB-3 category, the State Department is projecting the possibility of visa retrogression in the employment-based first and/or second preferences for foreign nationals born in India and China. These retrogressions may occur as early as October 1, 2005, but are expected to occur no later than December 2005.
  Other employment-based categories are expected to be current for the first six months of FY 2006, but it remains to be seen whether these categories will remain current after that time.

I wish it's not true.
However, if it's true, it's not that bad. Maybe some bills will be passed sooner since this problem will stand out alone and top everything such as H1B, PERM, BEC, USCIS backlog.

Suppose the new cut-off date is Jan/2002, then nobody will feel the emergency of this issue and it could drag on for many many years to come.