Dallas Backlog Elimination Center Tracking

air_canada said:
MDwatch is wrong ! Yes you can have PERM filed if your company allows . You can have 2 applications at the same time - Its called Dual Filing and it can be of the same job and similar to your TR Case. Only issue - you 'll not be able to keep you Priority Date

I have done it - My PERM is approved and second application RIR is still in BEC.
Click to expand...

This is from Rajiv's website:
http://www.immigration.com/newsletter1/permfaqupdate2105.html

The DOL released a response to the question which addresses multiple Labor Certifications for the same alien for the same job opportunity.


12. Under PERM, is it permissible for an employer to have more than one labor certification application actively in process for the same alien for the same job opportunity at any given time? What should an employer do if it has already filed multiple applications for the same alien for the same job opportunity?

Under the old and new permanent labor certification regulations, DOL certifies that there are not available U.S. workers for a particular "job opportunity." See, e.g., 20 CFR 656.10(c) (new PERM regulation) and 656.20(c) (prior regulation). DOL's longstanding policy has been that an employer is not prohibited from filing applications for the same alien involving different, legitimate job openings to which U.S. workers may be referred. See, e.g., Field Memorandum 48-94 (May 16, 1994) (Policy Guidance on Alien Labor Certification Issues at § 6). However, DOL has not processed or certified multiple labor certifications for the same alien and same job opportunity on grounds that the additional applications cannot represent a bona fide different job opportunity available to U.S. workers.

In the months since the PERM regulation's streamlined procedures for filing and processing of permanent labor certification applications took effect on March 28, 2005, some employers have filed multiple electronic applications for the same alien and same job opportunity. In some cases, the multiple applications are identical in all respects and may have been the result of inadvertently repeating the "submit" function. In other cases, the applications differ in minor respects, such as answering questions regarding job requirements differently or varying in descriptions of skill requirements. In some cases, these minor differences may have been intended to prematurely respond to electronic denials (that is, in advance of receiving the written denial letter) or to test the system's responsiveness and auditing criteria.

DOL intends to apply its longstanding policy regarding multiple applications to multiple applications filed under the new PERM regulation. Therefore, an employer may not have more than one Form 9089, Application for Permanent Employment Certification, in process under the PERM regulation for the same alien beneficiary for the same job opportunity at any given time.

Recognizing that multiple filings are already in the PERM queue for the same employer, alien and job opportunity, we have developed the following procedures to transition in implementation of this policy to PERM:

If an employer currently has multiple applications in process under PERM for the same alien and job opportunity, the employer must withdraw, by January 19, 2006, all applications other than the one it wants processed. (For withdrawal information, see the separate FAQ on procedures for withdrawing an application.)

As of January 19, 2006, if multiple applications from an employer for the same alien and same job opportunity are still pending under PERM, we will assume that the employer wishes the last-filed application to be processed (since this presumably includes any corrections or clarifications from earlier filings) and the other pending PERM applications for the same alien/job opportunity will be denied.

After January 19, 2006, if an application for a particular employer/alien/job opportunity is pending under PERM and a second application is filed under PERM for the same employer/alien/job opportunity, we will continue to process the first-filed PERM application and deny subsequent PERM filings except where the employer follows the procedures outlined here. If the employer wishes to file a new or changed application under PERM for that same alien and job opportunity, the employer should not file the new PERM application until the employer formally withdraws the PERM application currently in process or the employer has received the Final Determination form notifying the employer that the previous application is denied. NOTE: An employer may not file a new application for an alien while a request for review is pending with the Board of Alien Labor Certification Appeals (BALCA) for that same alien, employer, and job opportunity. See 20 CFR 656.24(e)(6).

DOL will continue to apply its longstanding policy regarding multiple applications under Field Memorandum 48-94 where multiple cases have been filed and are being processed under the old regulation at Backlog Elimination Centers. DOL will continue to process and certify multiple permanent labor certification applications filed under the prior regulation for the same alien if the employer is proposing to employ the alien in multiple different bona fide job openings to which U.S. workers can be referred. DOL will not process or certify multiple labor certifications filed under the prior regulation for the same alien, employer, and job opportunity on grounds that the additional applications cannot represent a bona fide different job opportunity available to U.S. workers.

If a BEC identifies multiple pending applications for the same employer, job opportunity, and alien, the BEC will issue a Notice of Findings for all related applications, and provide the employer the opportunity to identify which application contains the bona fide job opportunity. Should an employer currently have multiple applications pending at a BEC for the same employer, job opportunity, and alien, the employer may take the initiative and notify the BEC as to which application it wishes to have processed and withdraw all other applications.
This FAQ does not address the situation in which an application for the same employer, alien and job opportunity is pending under both the prior and new PERM regulation. DOL is considering stakeholder input on this situation, which in some cases may have implications for priority dates.
 
Thank you for the info.

MDwatch said:
This is from Rajiv's website:
http://www.immigration.com/newsletter1/permfaqupdate2105.html

The DOL released a response to the question which addresses multiple Labor Certifications for the same alien for the same job opportunity.


12. Under PERM, is it permissible for an employer to have more than one labor certification application actively in process for the same alien for the same job opportunity at any given time? What should an employer do if it has already filed multiple applications for the same alien for the same job opportunity?

Under the old and new permanent labor certification regulations, DOL certifies that there are not available U.S. workers for a particular "job opportunity." See, e.g., 20 CFR 656.10(c) (new PERM regulation) and 656.20(c) (prior regulation). DOL's longstanding policy has been that an employer is not prohibited from filing applications for the same alien involving different, legitimate job openings to which U.S. workers may be referred. See, e.g., Field Memorandum 48-94 (May 16, 1994) (Policy Guidance on Alien Labor Certification Issues at § 6). However, DOL has not processed or certified multiple labor certifications for the same alien and same job opportunity on grounds that the additional applications cannot represent a bona fide different job opportunity available to U.S. workers.

In the months since the PERM regulation's streamlined procedures for filing and processing of permanent labor certification applications took effect on March 28, 2005, some employers have filed multiple electronic applications for the same alien and same job opportunity. In some cases, the multiple applications are identical in all respects and may have been the result of inadvertently repeating the "submit" function. In other cases, the applications differ in minor respects, such as answering questions regarding job requirements differently or varying in descriptions of skill requirements. In some cases, these minor differences may have been intended to prematurely respond to electronic denials (that is, in advance of receiving the written denial letter) or to test the system's responsiveness and auditing criteria.

DOL intends to apply its longstanding policy regarding multiple applications to multiple applications filed under the new PERM regulation. Therefore, an employer may not have more than one Form 9089, Application for Permanent Employment Certification, in process under the PERM regulation for the same alien beneficiary for the same job opportunity at any given time.

Recognizing that multiple filings are already in the PERM queue for the same employer, alien and job opportunity, we have developed the following procedures to transition in implementation of this policy to PERM:

If an employer currently has multiple applications in process under PERM for the same alien and job opportunity, the employer must withdraw, by January 19, 2006, all applications other than the one it wants processed. (For withdrawal information, see the separate FAQ on procedures for withdrawing an application.)

As of January 19, 2006, if multiple applications from an employer for the same alien and same job opportunity are still pending under PERM, we will assume that the employer wishes the last-filed application to be processed (since this presumably includes any corrections or clarifications from earlier filings) and the other pending PERM applications for the same alien/job opportunity will be denied.

After January 19, 2006, if an application for a particular employer/alien/job opportunity is pending under PERM and a second application is filed under PERM for the same employer/alien/job opportunity, we will continue to process the first-filed PERM application and deny subsequent PERM filings except where the employer follows the procedures outlined here. If the employer wishes to file a new or changed application under PERM for that same alien and job opportunity, the employer should not file the new PERM application until the employer formally withdraws the PERM application currently in process or the employer has received the Final Determination form notifying the employer that the previous application is denied. NOTE: An employer may not file a new application for an alien while a request for review is pending with the Board of Alien Labor Certification Appeals (BALCA) for that same alien, employer, and job opportunity. See 20 CFR 656.24(e)(6).

DOL will continue to apply its longstanding policy regarding multiple applications under Field Memorandum 48-94 where multiple cases have been filed and are being processed under the old regulation at Backlog Elimination Centers. DOL will continue to process and certify multiple permanent labor certification applications filed under the prior regulation for the same alien if the employer is proposing to employ the alien in multiple different bona fide job openings to which U.S. workers can be referred. DOL will not process or certify multiple labor certifications filed under the prior regulation for the same alien, employer, and job opportunity on grounds that the additional applications cannot represent a bona fide different job opportunity available to U.S. workers.

If a BEC identifies multiple pending applications for the same employer, job opportunity, and alien, the BEC will issue a Notice of Findings for all related applications, and provide the employer the opportunity to identify which application contains the bona fide job opportunity. Should an employer currently have multiple applications pending at a BEC for the same employer, job opportunity, and alien, the employer may take the initiative and notify the BEC as to which application it wishes to have processed and withdraw all other applications.
This FAQ does not address the situation in which an application for the same employer, alien and job opportunity is pending under both the prior and new PERM regulation. DOL is considering stakeholder input on this situation, which in some cases may have implications for priority dates.
Click to expand...
 
When I can expect 45 days notification letter

I am one of the tired person of this GC process.. Entering into 7 years now.

Here is the status details received from Dallas Backlog center ( as sent by my attorney )

Case: RIR.
Case received date:07/13/2005
Priority date:04/27/2004
45 day letter: Not received.
Case Number: T-05191-xxxxx.
Case Status 08-16-06: Data Review.


When I can expect the 45 days letter..
 
Read the following page:

http://workforcesecurity.doleta.gov/foreign/pdf/backlog_faqs_07-10-06.pdf

mkrishna_p said:
I am one of the tired person of this GC process.. Entering into 7 years now.

Here is the status details received from Dallas Backlog center ( as sent by my attorney )

Case: RIR.
Case received date:07/13/2005
Priority date:04/27/2004
45 day letter: Not received.
Case Number: T-05191-xxxxx.
Case Status 08-16-06: Data Review.


When I can expect the 45 days letter..
Click to expand...
 
Please port on the "T" track thread

Marina,
Your are in the same situation as we are. Our case number starts with "T' (Temporary, data entry not completed). We are going to try to help each other tracking these cases and seeing the progress of them.
Your are invited to post in the "T" track thread.
You can't not check your status using PDS, cant' you?

mkrishna_p said:
I am one of the tired person of this GC process.. Entering into 7 years now.

Here is the status details received from Dallas Backlog center ( as sent by my attorney )

Case: RIR.
Case received date:07/13/2005
Priority date:04/27/2004
45 day letter: Not received.
Case Number: T-05191-xxxxx.
Case Status 08-16-06: Data Review.


When I can expect the 45 days letter..
Click to expand...
 
frestre said:
Marina,
Your are in the same situation as we are. Our case number starts with "T' (Temporary, data entry not completed). We are going to try to help each other tracking these cases and seeing the progress of them.
Your are invited to post in the "T" track thread.
You can't not check your status using PDS, cant' you?
Click to expand...


What cant you guys just changed the "T" to a "p" or "D" and check the status at permlc.com??
the number is not going to change.
 
You may want to have your attorney contact BEC ASAP. There is a designated process for not receiving 45-day letters but there is also a deadline to do so. You don't want to miss the deadline.

For online status checking, just change "T" to "D" or "P" depending on which BEC your case is at and you should be good to go.

Also are you sure your attoney didn't receive the 45-day letter? BEC sent out the last batch in July and I'd think that they would have closed your case by now if they never got a reply. If your attoney requested reopening of your case it might show up as "data review" as seen in many examples here. But again, check with your attorney as soon as possible for every detail. Good luck.

mkrishna_p said:
I am one of the tired person of this GC process.. Entering into 7 years now.

Here is the status details received from Dallas Backlog center ( as sent by my attorney )

Case: RIR.
Case received date:07/13/2005
Priority date:04/27/2004
45 day letter: Not received.
Case Number: T-05191-xxxxx.
Case Status 08-16-06: Data Review.


When I can expect the 45 days letter..
Click to expand...
 
Experts - Pls Help - 2002 PD Case Status changed from "Data Review" to "RIR"

Hi Friends,

Here are my case details:

TX DOL EB3 RIR - Dallas BEC
New Case #: D-04289-xxxxx
PD: July, 2002
RD: March, 2003
45 day letter date: Dec 20, 2004
45 day letter replied on: Feb 01, 2005
Case Status on 3/7/2006: Data Review
Case Status on 10/4/2006: RIR

As you can see, my case status changed from Data Review to RIR on 10/4/2006. Is this going one step backward or one step forward.

Any idea how long it takes once to get certified once status changes to RIR

Thanks in advance,

Netnerd
 
How long does it take to receive letter, after online status says Certified? In my case it over a week and haven’t received any thing.

Any words!!!

Thanks
 
BeKool_2005 said:
How long does it take to receive letter, after online status says Certified? In my case it over a week and haven’t received any thing.

Any words!!!

Thanks
Click to expand...

You have entered the next phase of the DBEC lottery :rolleyes: My colleagues's online status was certified on 9/18/06. He has not yet received hard copy. It's taking 2-4 weeks for most people.
Good luck!
 
Experts - Pls Help - 2002 PD Case Status changed from "Data Review" to "RIR"

Dear Friends,

Please give some insight/information regarding this.

netnerd said:
Hi Friends,

Here are my case details:

TX DOL EB3 RIR - Dallas BEC
New Case #: D-04289-xxxxx
PD: July, 2002
RD: March, 2003
45 day letter date: Dec 20, 2004
45 day letter replied on: Feb 01, 2005
Case Status on 3/7/2006: Data Review
Case Status on 10/4/2006: RIR

As you can see, my case status changed from Data Review to RIR on 10/4/2006. Is this going one step backward or one step forward.

Any idea how long it takes once to get certified once status changes to RIR

Thanks in advance,

Netnerd
Click to expand...
 
Where do you see such a case status. Online doesn't show it that way.
Is it the Screen-shot for your H1 extension ?

You are in almost the same situation as one of my friend from TX. His PD is Jan 2003 and revceived 45-DL in Jan 2005 itself. But his online status shows IN-PROCESS.

netnerd said:
Hi Friends,

Here are my case details:

TX DOL EB3 RIR - Dallas BEC
New Case #: D-04289-xxxxx
PD: July, 2002
RD: March, 2003
45 day letter date: Dec 20, 2004
45 day letter replied on: Feb 01, 2005
Case Status on 3/7/2006: Data Review
Case Status on 10/4/2006: RIR

As you can see, my case status changed from Data Review to RIR on 10/4/2006. Is this going one step backward or one step forward.

Any idea how long it takes once to get certified once status changes to RIR

Thanks in advance,

Netnerd
Click to expand...
 
Experts - Pls Help - 2002 PD Case Status changed from "Data Review

Online Status is In Process, but 7-year screenshot status changed from Data Review to RIR. Please see details below.

Is this going one step backward or one step forward.

Any idea how long it takes once to get certified once status changes to RIR

Thanks,

Netnerd

Immi_Seeker said:
Where do you see such a case status. Online doesn't show it that way.
Is it the Screen-shot for your H1 extension ?

You are in almost the same situation as one of my friend from TX. His PD is Jan 2003 and revceived 45-DL in Jan 2005 itself. But his online status shows IN-PROCESS.

NetNerd said:
Experts - Pls Help - 2002 PD Case Status changed from "Data Review" to "RIR"
--------------------------------------------------------------------------------

Dear Friends,

Please give some insight/information regarding this.

Quote:
Originally Posted by netnerd
Hi Friends,

Here are my case details:

TX DOL EB3 RIR - Dallas BEC
New Case #: D-04289-xxxxx
PD: July, 2002
RD: March, 2003
45 day letter date: Dec 20, 2004
45 day letter replied on: Feb 01, 2005
7-yr Screenshot Case Status on 3/7/2006: Data Review
7-yr Screenshot Case Status on 10/4/2006: RIR
Online Status on 10/11/2006: In Process

As you can see, my case status changed from Data Review to RIR on 10/4/2006 in 7-yr screenshot. Is this going one step backward or one step forward.

Any idea how long it takes once to get certified once status changes to RIR

Thanks in advance,

Netnerd
Click to expand...
Click to expand...
 
Last edited by a moderator:
Online Status: Certified

I have been following this thread for a while now and was waiting for my turn to share the news. Anyways, my LC status shows certified as of 10/10/2006. Waiting on paperwork from DBEC.

Here are more details

EB2/RIR/Ohio
PD: March 2005
45-day letter received: July 15, 2006
45-day letter replied: July 27, 2006
Online Status of Certified: Oct 10, 2006
Case number: D-05218-XXXXX
 
I think it might be a typo. Instead of putting "RIR" in the Processing Type field, they might have mentioned it against Case Status.

netnerd said:
Online Status is In Process, but 7-year screenshot status changed from Data Review to RIR. Please see details below.

Is this going one step backward or one step forward.

Any idea how long it takes once to get certified once status changes to RIR

Thanks,

Netnerd
Click to expand...
 
Two questions

1. Can an alian request for the Screen shot? I will be going for 7th year extension in Feb, 2007.

2. Recently I renewed my passport. Is it required to update the DOL/ Company with new passport #?

I appreciate inadvance for your reponse.

-------------------------------
ETA: D-0513-*****
State: MI
PD: 15-Nov-2004
RIR
Online status: InProcess
 
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