Dallas Backlog Elimination Center Tracking

Case Closure - Pl advise

Gurus,

If you can please advise me that would be great.

Which one I should beleive, email screen shot from Philly or screen shot from http://www.pbls.doleta.gov/PBLSInt

My lawyer does not seems to be an expert, so I request experts to please advise what I should do.
 
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La Vida Loca said:
I am in the same situation I decide to file the 485 with just screenshot. Worse case, I lost my medical exam money.
Click to expand...
You do NOT need include medical exam with 485.
You do need original labor certification.
If you don't have the original copy, file 485 on Sep 29 with overnight delivery. I think it's worth the trip to Dallas asking the mail person for the package or ask the mail person to send it overnight.

You should wait until Sep29 for the hard copy. Your 485 will be most likely returned without original labor certification.
 
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sfmars said:
Hi late_twenties,

Do not worry about RITA. Dallas is more than 300 miles away from the coast, it should not ruin our cases. They do not evacuate DBEC as I know.

By the way you case status says RIR, Did you get this information from DBEC screenshot ? Did you case went to Region before to go to DBEC.

If you got a screenshot what field Case Source does say ?
Click to expand...

I appreciate your interest. Yes I have a screenshot from Dallas BEC. case source says Region.
and as you can see in my signature eta is: D-05075-*****.
and case status is RIR. although never received any 45 day letter.
 
How is that possible?

First of all my regrets on this case closure issue, it is possible to open the case that is not a problem, it takes time. I bet you are in a hurry because of H1 extension, but you can extend h1 on the basis of a receipt from local SWA when you first applied Labor, I hope you have it.

Now I do not understand why would PERM system have your case information unless you have filed PERM separately? Unless PERM system has access to backlog cases or PERM cases are being added into the backlog system.


casehold10 said:
Gurus,

If you can please advise me that would be great.

I received "case closure" notice at my residence, that's how I knew my case is closed. I forwarded that to lawyer.

After 4 months I sent email for H1B extension and got screen shot from Philly which shows my case is still "closed".

However, my laywer sent me screen shot stating my case is open. Screen shot shows online link as http://www.pbls.doleta.gov/PBLSInt/ , and website heading reads "Welcome to the Foreign Labot certification Perm Backlog System".

Which one I should beleive, email screen shot from Philly that my case is still "closed" or screen shot from http://www.pbls.doleta.gov/PBLSInt that my case is "open".

My lawyer does not seems to be an expert, so I request experts to please advise what I should do.


Dallas EB2
Sept 2002
D-XX-XXX-XXXXX
Click to expand...
 
late_twenties said:
I appreciate your interest. Yes I have a screenshot from Dallas BEC. case source says Region.
and as you can see in my signature eta is: D-05075-*****.
and case status is RIR. although never received any 45 day letter.
Click to expand...

late_twenties,

Thanks for info

If your case status says RIR I would say DBEC does not expect anything else from your employer. They put all data about your case into the system. You have big chance to get certification being under impression that 45 day letter were never sent to you. Quite a few people said that they got certification without 45 day letter but personally I do not believe it

BTW: Are you sure that nobody from your company (HR, your boss, secretary) got 45 day letter and replied very quietly without informing you ? Could you double check it and let us know if it is possible.

BEC should send 2 copies of letter to employer and to your attorney.
I am also from MI as I know people from MI with your PD got 45 day letters sometime in March. Could you double check ?
 
Labor Cert Approval

Hi Everyone,

I just wanted to share the good news that I recd my labor cert hard copy last saturday. I didnt post the news iimediately because I was running around like crazy to meet the Sep30 cut off date. Here are my details:

EB2/RIR/CA
PD August 26, 2002
RD at DOL - July 2003
45 day letter - Jan 1st week-2005
45 day letter replied - Jan 2nd week-2005
Actual Date of Labor Approval: June 9, 2005
Screen Shot checked - August 17 - said status was RIR
Hard Copy of Approval mailed - September 14, 2005
Hard Copy of Approval recd - September 17, 2005

As one would notice it took Dallas BEC 3 months and 5 days to mail the approval - and why did my case show as RIR on August 17 - no accountability what so ever- its just plain frustrating - yes, I did receive the approval and I am pleased the system has worked- BUT this system needs a major OVERHAUL and ACCOUNTABILITY -

Here is what I would advise people under EB2 still waiting - you may get your approval copy anytime - please be ready with all documents - get your medicals done - it took me 4 full days -abt 8-10 hrs each day solidly working on this alone with my lawyer to almost complete the package- I am still not 100% done - but I had some time today.

Some tips
(1) Dont wait for TB skin test -just go ahead and get the X-ray done- this will save a day or two. It is an either/or kinda thing. X-ray is the final proof.
(2) Get your blood test done TODAY - make sure your vaccinations are uptodate and get your I693 ready.
(3) Wake up your lawyer and get all the docs ready -
(4) I also noticed FEDEX now has same day service -$173 for some places- you will have time till Sep 29th.

Finally, dont lose faith in yourself - this has what has brought all you professionals this far - be prepared with all docs - and wait for the labor to show up -

buckleup1
 
How long does it take to Reinstate/Reopen the case?

My attorney received case closure letter on 29 Aug 05 ( My case was closed in DBEC in error with out receiving 45 day letter). Attorney asked to reinstate the case on 7Sep05. Is any one in the same situation? How long does it take to Reinstate/Reopen the case? ( FYI: My H1B 7th year extn is applied in the mean time with OH SWA approval letter -what will happen ?

Thanks to you guys for providing wealth of info
AnbFL




casehold10 said:
Gurus,

If you can please advise me that would be great.

I received "case closure" notice at my residence, that's how I knew my case is closed. I forwarded that to lawyer.

After 4 months I sent email for H1B extension and got screen shot from Philly which shows my case is still "closed".

However, my laywer sent me screen shot stating my case is open. Screen shot shows online link as http://www.pbls.doleta.gov/PBLSInt/ , and website heading reads "Welcome to the Foreign Labot certification Perm Backlog System".

Which one I should beleive, email screen shot from Philly that my case is still "closed" or screen shot from http://www.pbls.doleta.gov/PBLSInt that my case is "open".

My lawyer does not seems to be an expert, so I request experts to please advise what I should do.


Dallas EB2
Sept 2002
D-XX-XXX-XXXXX
Click to expand...
 
RIR EB2 Job ads.

Hello all,

Could someone pls. clarify about the advertisements for RIR EB2 (Masters + 1yr)?

1) Should the ad. say: both Masters + 1yr AND Bachelors + 6 yrs (since DOL treats MASTERS + 1 as Bachelors + 5)? Would running the ad with Masters + 1 yr only, result in denial?

2) Should ETA-750-A say both Masters + 1yr AND Bachelors + 6 yrs or is it understood?

thanks much
 
CalEngineer,

I suggest that you send a mail to H1B7YR@DAL.DFLC.US to find out your case details. Since your company has a strange policy to disclose your case details you should act yourself and find out as many details as possible. If the Dallas email does not work then try to Philly one. You have to ask proof for your 7th year extension even though you have time to file one.

Good luck !!

CalEngineer said:
Yes, I'm pretty sure mine is April 2002. Here is the detailed information:

PD: April 2002
RD: May 1st, 2003
Category: EB2 / RIR, CA
45 days letter Received and Replied: Jan. 27, 2005
BRC: Dallas

But I don't have my case number, because the lawyer told me my company policy fobides him to disclose case number to employees.

I really don't know what's going on with my case. I am so frustrated for I don't know where to seek help either :(

CalEngineer
Click to expand...
 
CAPD02 said:
Thanks Caliborne for your concren. But the problem is BEC never giving any official information saying that on which PD cases they are working currently. We are all sharing our info here and aware that they are processing now PD 2003 cases, but there is no official information.

I called BEC and they said they will give info to only lawyer or employer. My lawyer doesn't want to call them, lawyer was telling that there is lot of cases prior to my PDs are still pending and we need to wait. My employer always depends on lawyer, so it's a deadlock situation.

It will be better for everyone, If BEC starts releasing offcial info on monthly basis indicating where is the current queue. Then we can ask them about out pending cases.


Thanks
CAPD02
EB2 RIR CA
PD: Jun 2002
Click to expand...
Hey CAPD02
I wish you good luck... Hope you will get this by end of this month... Can you provide me the contact numbers of Dallas center. I will give it a shot..I will ask my lawyer to call...I wish you get you hard copy soon dude!!!
 
You'll find exhautive details on this topic at www.immigration-law.com and click on the link called "Labor Cert & 140" on the left. You'll find a area for the topic - "BS+5 Year Exp=EB 2 INS Regulation " which will give you all the answers.

Essentially, the job requirement could be ANY of the following:
Masters + x years
BS + Y years (where Y >= 5) of progressive experience
The word progressive is preferable, but not mandatory...you'll find all these nuances in the link above. Hope this helps.


calabor said:
Hello all,

Could someone pls. clarify about the advertisements for RIR EB2 (Masters + 1yr)?

1) Should the ad. say: both Masters + 1yr AND Bachelors + 6 yrs (since DOL treats MASTERS + 1 as Bachelors + 5)? Would running the ad with Masters + 1 yr only, result in denial?

2) Should ETA-750-A say both Masters + 1yr AND Bachelors + 6 yrs or is it understood?

thanks much
Click to expand...
 
45 Day Letter ?????

sfmars said:
late_twenties,

Thanks for info

If your case status says RIR I would say DBEC does not expect anything else from your employer. They put all data about your case into the system. You have big chance to get certification being under impression that 45 day letter were never sent to you. Quite a few people said that they got certification without 45 day letter but personally I do not believe it

BTW: Are you sure that nobody from your company (HR, your boss, secretary) got 45 day letter and replied very quietly without informing you ? Could you double check it and let us know if it is possible.

BEC should send 2 copies of letter to employer and to your attorney.
I am also from MI as I know people from MI with your PD got 45 day letters sometime in March. Could you double check ?
Click to expand...

I am just curious, is it possible if the employer ask for the Screen Shot for
7th year extension then with out 45 day letter the case moves to RIR (Next level) ?

Should you expect a 45 day letter even after that? In most of the cases the Screen Shots are requested by the applicant themself or by the attorney, but if the employer, the company HR Department request for it then what is a need of a 45 day letter?

In month of August I told you My name is Basanti. Again 2 months later you are asking me "Basanti tera nam kya hai? :D "
 
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How can I know if BEC received my 45-day letter?



How do you know they received your 45d letter? Did you ask them?

I also would like to know if they received mine since my Case Status (screenshot received this morning) says "Data Review" and my PD is April 2003... I think by now my Case Status should at least show "RIR" if not "FINAL REVIEW"...

===============================================

Meanings of the different codes for the "Case Status" field in the
screen shot:

1.Incomplete: 45-day letter not yet generated / Case not entered fully
2.Data Review: 45-day reply not received / 45-day reply not entered. No action yet.
3.Closed or Withdrawn: 45-day reply not received and case closed / Case
closed by employer.
4.RIR or TR: 45-day reply received and data entered. Waiting in queue.
5.Final Review: Processed and recommended for approval. With CO for certification.
6.Certified: Certified. (May not be mailed yet)
 
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GotGC?? said:
You'll find exhautive details on this topic at www.immigration-law.com ...you'll find all these nuances in the link above. Hope this helps.
Click to expand...

Hi GotGC

thanks for your response. I was aware of MS = BS + 5year rule.
However, my question is about the advertisement:

Lets say if ad says the job requires MS, then DOL may argue that since the employer failed to invite americans with BS+5yrs, the ads that were run were invalid. Even saying MS or Equivalent in the ad. might not satisfy DOL since not every american would know DOL rules.

So the question is:

Is it a must that for EB2 RIR, the ad. should run with both the possibilities *explicitly*? Something like:

Skills: C/C++ ... blah blah
Education: MS or Equiv [*WILL ALSO CONSIDER BS + 5years*]
Experience: 1 year

thanks
 
buckleup1 said:
Hi Everyone,

I just wanted to share the good news that I recd my labor cert hard copy last saturday. I didnt post the news iimediately because I was running around like crazy to meet the Sep30 cut off date. Here are my details:

EB2/RIR/CA
PD August 26, 2002
RD at DOL - July 2003
45 day letter - Jan 1st week-2005
45 day letter replied - Jan 2nd week-2005
Actual Date of Labor Approval: June 9, 2005
Screen Shot checked - August 17 - said status was RIR
Hard Copy of Approval mailed - September 14, 2005
Hard Copy of Approval recd - September 17, 2005

As one would notice it took Dallas BEC 3 months and 5 days to mail the approval - and why did my case show as RIR on August 17 - no accountability what so ever- its just plain frustrating - yes, I did receive the approval and I am pleased the system has worked- BUT this system needs a major OVERHAUL and ACCOUNTABILITY -

Here is what I would advise people under EB2 still waiting - you may get your approval copy anytime - please be ready with all documents - get your medicals done - it took me 4 full days -abt 8-10 hrs each day solidly working on this alone with my lawyer to almost complete the package- I am still not 100% done - but I had some time today.

Some tips
(1) Dont wait for TB skin test -just go ahead and get the X-ray done- this will save a day or two. It is an either/or kinda thing. X-ray is the final proof.
(2) Get your blood test done TODAY - make sure your vaccinations are uptodate and get your I693 ready.
(3) Wake up your lawyer and get all the docs ready -
(4) I also noticed FEDEX now has same day service -$173 for some places- you will have time till Sep 29th.

Finally, dont lose faith in yourself - this has what has brought all you professionals this far - be prepared with all docs - and wait for the labor to show up -

buckleup1
Click to expand...

CONGRATULATIONS. All the best for your next stages.

Thanks
CAPD02
PD: Jun 2002
CA EB2 RIR
45 days letter replied: Jan 2005
Screen Status: RIR
 
What if....

I am in 7th year extension, what if my company fires me…..
1> go back to India no other options.
2> Request current employer not to withdraw LC for 1year, after that file H1 & LC from new company. Is this possible?
3> Any other options to stay..?
 
sfmars said:
late_twenties,

Thanks for info

If your case status says RIR I would say DBEC does not expect anything else from your employer. They put all data about your case into the system. You have big chance to get certification being under impression that 45 day letter were never sent to you. Quite a few people said that they got certification without 45 day letter but personally I do not believe it

BTW: Are you sure that nobody from your company (HR, your boss, secretary) got 45 day letter and replied very quietly without informing you ? Could you double check it and let us know if it is possible.

BEC should send 2 copies of letter to employer and to your attorney.
I am also from MI as I know people from MI with your PD got 45 day letters sometime in March. Could you double check ?
Click to expand...

I sure did make sure with my lawyer and the company. What is funny about this is none of my co workers who applied for labor along with me ever got any 45 day letters. We all know this for a fact. because we were getting deperate and asked the lawyer to check with BEC.
here is what he replied, " Dallas BEC is dumping this 45 day letter thing. they think its a waste of time and resource. they ran into some cases where 45 day letter was not replied back in time and cases were closed, just to find out that the person who was on the case never knew about the letter, and now that person wants the case reopened. "
I know this may sound weird, but its what we have. I think BEC system is the biggest example of a group of people who just collect their paycheques and do nothing. and for gods sake what else can we expect. I think it being in Texas, they allow beer at work too. ;)
aaaah, I guess we can have a cold one on their names too. :eek:
 
Delicateone said:
In month of August I told you My name is Basanti. Again 2 months later you are asking me "Basanti tera nam kya hai? :D "
Click to expand...

hahahahah, dude I am glad to see people like you who find humor in this mess. I am with you on the same boat. I think there are bunch of blondes working on our cases.
 
Lawyer received hard copy of my labor cert.

Hi All,

Just wanted to let you all know that My lawyer received the hard copy of my labor cert today. See my signature for more details.

Thanks all for all your help, especially ICARUS.

If it is a quick message, can someone get me url for the I140 thread for Nebraska. Other wise, I will try to search the old messages.


Thanks,
 
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