Dallas Backlog Elimination Center Tracking

Case Status - Data Review; No 45 Day Letter

I have been silent reader of this forum for quite some time.

I need advise badly. I have been just waiting, and not sure what to do. I have read Convert Case to PERM forum also, but I want to get advise from gurus in this forum. Please do answer as much as you can. Sorry for long post.

Should I file new case under PERM and keeping BEC case open. Is it possible under for my scenario ? I wanted advise, should I wait or file new case under PERM.

My Company's lawyer is saying I can file new Labor under PERM with current Priority date of Mar 2006.
And keep old case as it is. Later on when new labor case filled under PERM is certified, lawyer will request for changing

PERM's priority date to BEC Case's priority date.

Question : Please reply

1. Can one keep 2 application for Labor one at BEC and one in PERM for an employee with same employer ?
2. If answer to 1 above is yes, should it be for same or different position ? EB2 or EB3 in PERM ?
3. If answer to 1 above is yes, will my H1 Extension will have problem ?
4. Can one ask Labor department to change priority date (Initially Priority date 2006 will be assigned) once PERM case is certified, Priority date request for change to that of BEC case. (In my case 2002).
5. If answer to 4 above is Yes, what kind of confirmation we get from Labor department that they have changed Priority Date from 2006 to 2002.
6. If answer to 1 above is no. Then how does it work. What should I do to not loose priority date ?
6a. Once PERM application is certified, is BEC application closed automatically ?
6b. At what stage we request change in Priority date to that of earlier one. Once PERM Labor is approved or Once I-140 with PERM Labor is approved.
Priority date is transferred to that of BEC (2002), and is there any confirmaiton letter for that ?

Otherwise, in my case when and how we will retain my old priority date.

Thanks

HopeHope41
---------------
PD - Feb 2002, Dallas BEC
TX, RIR - EB2
45 Day Letter - No
Case Status - Data Review
ETA Case Number: D-04280-XXXXX
H1 - Already in 7th Year Extension
 
77raghuv

Hi Raghu,

Even in my case these dates are same. My guess is that 2004 cases which did not make it to regional may have these dates same. Or it may be for the cases in those "unopened boxes" transferred directly to the BEC. Others please correct.

My details are here:
http://boards.immigrationportal.com/showthread.php?p=1349036#post1349036

77raghuv said:
yes michigan

my question is how can case received date and PD be the same in my screen shot? am confused
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140

I guess you can keep the Priority Date if your 140 is cleared. That is better than going thru the whole process again.

All the best.

-Ram

tuchicago said:
I got my labor certification approval on Monday March 13, the letter is dated February 14, 2006.
PD: 1/22/04

I'm EB-3, therefore I can't apply for I-485 now. My company will be closing down the business by September, do you have any ideas about retrogression dates progress in the next months? If I switch employers at this poing with the LC approved, is there anything I can do with that or I need to start all over the process?

Thanks for your comments.
Click to expand...
 
Making it to regional good or bad ?

First
making it to regional is good or bad ?

if it did not make it to regional does it mean faster ? :) i wish ..
 
reddog said:
Yes he is technically correct.
This is the only way to know your case status and any Immigration lawyer who had filed a GC has done this on a request from his client.
So, What is wrong in requesting a screenshot from the DBEC?

you might also ask your employer to make that request. That is usually the most ideal way to talk to lawyers, keeping your employer in the loop.

Are you not paying this lawyer his fees?
Click to expand...


I asked for status of my case and my lawyer sent me a screenshot, i believe screenshot is the way to get the status. make sure your lawyer does it for you though, so that we do not have a lot of ppl mailing the BECs.
new2laborforum
 
77raghuv

Making it to regional is obviously better. For cases that did not make it to regional, its wait and watch (read test-your-patience) game :)


77raghuv said:
First
making it to regional is good or bad ?

if it did not make it to regional does it mean faster ? :) i wish ..
Click to expand...
 
Reply

Thanks for your info. Yes the company is closing its office in Texas. But there is a subsidiary company in the same location continuing. I used to work for the subsidiary few years ago. Since the LC is filed with the holding company, do I need a fresh LC after moving to HQ.

jewelhaque said:
Hello,

I am not expert on this but sharing my experience. You will not be able to transfer your labor application. Once you move to another State you need to start all over again. Here is one question, is your employer closing office in TX, if not then you could continue your old labor application and everything would be fine.

Thanks !
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What is your case in ? RIR ? PD ?

I guess all Enterject cases are in limbo. No progress....Man this sucks big time....

missingPD said:
Cases are being approved from DBEC everyday. But I hardly see any case from Texas getting approved. Applicants from Texas are either too tired to post or they do not have any good news to share????

DBEC is looking better in comparison with PBEC because DBEC is doing good job in approving Chicago cases. Correct me if I am saying something wrong.

Thanks
Click to expand...
 
How to find out which BEC holds my labor?

Hi,

I was under the impression all this while that my labor application is currently with PBEC. Today, a few of my friends say that some applications from CA region are actually with DBEC. I too came across a few links that state that DBEC holds CA labors. Is this true?

Also, what does this number mean? P2003-CA-XXXXXXXXX. Is this the ETA#? Because, I have never see a number like this in this forum so far.

Can someone please guide me? I am very much confused.

Thanks
 
DOL Updates - 03/10/06

Issue on improper case closures for lack of response to the 45 day letters from the Backlog Elimination Centers

DOL advises that some action will be taken in connection with the improper case closures for lack of response to the 45 day letters from the Backlog Elimination Centers in cases where the attorney was able to document that a response had indeed been sent. In cases where the employer had replied that the alien was no longer employed, and the attorney requested that the case be continued, the DOL advises that it will not reopen the case. DOL has advised that it will issue a policy by the end of March with respect to cases that were closed due to non-response to 45-day letters that were never received.

Requests to amend applications

Requests to amend applications go into the file until it is time to work on the case, unless DOL is aware of the intent to refile.
Click to expand...


So they found another way to kill some more time. Issue a new policy for people to reopen their cases. :mad: :mad: :mad: Why dont they just kill us all??
 
Dallas Backlog Case : Incorrect Data Entry

My Entry in the Dallas backlog center (screenshot received from them) was supposed to be RIR however they have entered it as TR( I guess its traditional).
I received the 45 day continuation letter in Feb 2005 and my case has a priority date of july 2002.

It has cleared the State and was in the Federal stage when it was pushed to the BRC.

Any inputs about what needs to be done. I really dont know whether this will hamper my chances of my labor clearance. Any advise is apprecaited.

Thanks
 
sadboy said:
My Entry in the Dallas backlog center (screenshot received from them) was supposed to be RIR however they have entered it as TR( I guess its traditional).
I received the 45 day continuation letter in Feb 2005 and my case has a priority date of july 2002.

It has cleared the State and was in the Federal stage when it was pushed to the BRC.

Any inputs about what needs to be done. I really dont know whether this will hamper my chances of my labor clearance. Any advise is apprecaited.

Thanks
Click to expand...

Call up DBEC and tell them your problem ,I had the same kind of problem, I was told to reply back the screenshot with the changes and they corrected and emailed me back with changes in 2 weeks..

otherwsie your case will be sitting in the 'TRaditional' que instead of RIR which will take a much longer time to open it..it will hamper your clearance bigtime..

good luck
 
Processing type and case source fields blank

StressTestInUSA said:
Call up DBEC and tell them your problem ,I had the same kind of problem, I was told to reply back the screenshot with the changes and they corrected and emailed me back with changes in 2 weeks..

good luck
Click to expand...

My lawyer requested a screen shot just a couple days ago but the 'processing type' & 'case source' field are blank in the screenshot she forwarded to me ! How do I make sure that they are treating my case as RiR - Regional ?
 
Quo_vadimus said:
My lawyer requested a screen shot just a couple days ago but the 'processing type' & 'case source' field are blank in the screenshot she forwarded to me ! How do I make sure that they are treating my case as RiR - Regional ?
Click to expand...

Same formula....call them up and tell your case type is blank and want to make sure it is in the RIR que, hear what they say and send a reply with the screenshot...dont depend on lawyers unless BEC specifically says to do so, If we dont do do it ourselves, we will be screwed bigtime and not the attorneys...

case source, unless it is a regional case, it is not being mentioned as SWA, so thats okay...
 
call them?

StressTestInUSA said:
Same formula....call them up and tell your case type is blank and want to make sure it is in the RIR que, hear what they say and send a reply with the screenshot...dont depend on lawyers unless BEC specifically says to do so, If we dont do do it ourselves, we will be screwed bigtime and not the attorneys...

case source, unless it is a regional case, it is not being mentioned as SWA, so thats okay...
Click to expand...
can we call them and ask for our case status do they really answer.
 
sadboy said:
My Entry in the Dallas backlog center (screenshot received from them) was supposed to be RIR however they have entered it as TR( I guess its traditional).
I received the 45 day continuation letter in Feb 2005 and my case has a priority date of july 2002.

It has cleared the State and was in the Federal stage when it was pushed to the BRC.

Any inputs about what needs to be done. I really dont know whether this will hamper my chances of my labor clearance. Any advise is apprecaited.

Thanks
Click to expand...

couple of things,

first ask you lawyer and make sure that it was filed as RIR.
second find out if it has not been remanded back to state either employer remanded or auto remanded... if none of the above then ask lawyer to call them up, i don't think they will answer to any individual, except lawyer...

please put more details like some of us in your signature...
 
General question NOT related to thread

Gurus,, If could answer me this that would be great help.

I am planning to take 2 months vacation, per Immigration rule my employer should generate a pay check for me for both months, now question is...

1. it is OK if my pay check will be Rate of Pay/12 (mentioned in LCA) = will be monthly salary???..this will be less than what mentioned in offer letter?

I am planning to save some hours and starting from March take salary based on Rate pf Pay/12 and this way I can get my 2 months pay as well.

Please guys any inputs on this will be great help.

Many Thanks
Raj
 
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