Dallas Backlog Elimination Center Tracking

[PBECIsKillingMe]

Hello everyone,

Good news is that I heard back from DOL after 2+ years.

BUT the bad news is that they sent me an INTENT TO DENY notice. The reason they give is that my wage that was $59000 didn't meet the criteria of $89,586 at the initial time of recruitment.

But when I check for "Computer Systems Analysts on DOL website, 15-1051 for 2006, there are 4 levels
Level 1 = $48485
Level 2 = $57678
Level 3 = $66893
Level 4 = $76086

But for 2004, it was $89586 on DOL website

Right now I am making around $68000. First of all can someone explain what these level means and for EB3 which level we need to follow.

Secondly, what are my options. If my employer increases my salary to, say, $77000; would DOL accept it?

I have 1 month to resolve this issue or they'll deny my application.

Thanks,

Zaki

ETA Case D-05215-xxxxx
PD = 11/2/2004

Mine is also filed under "Computer System Analyst" same occupation code. Other collegue whose case was filed on the same day as mine, got his approval a month back. Now I fear to have NOF shaaaaaaaaaaaaaah

 

[jewelhaque]

Again, we don't see that much activity on IL cases, if your case was submitted from IL please post your detail information. Thanks !!!

 

[cal97]

LC Certified

Folks,

Finally my turn to share this news with you. I got my LC certified yesterday. Do not know the exact date as I have not seen the notice but here are the details.

EB2/RIR/CA
P.D: 06/15/2004

No 45-day letter received.
Case closed and re-opened sometime in the second week of September.
Case# D-05194-20xxx

I still have my 2001 remanded case in the queue.

Wish you guys all the luck and hope for the best.

 

[panpangc]

Progress???

Wondered what is going on recently. Only a few cases posted as approved. I am still waiting with my patient...

D-05196-XXXXX
MI/EB2
PD: 06/2004
45 Days Letter: 05/06
Status: In Process

 

[Zgreen]

Congratulations Cal97! I'm glad to see BEC approving reopened cases now. Waiting for my turn...

Folks,

Finally my turn to share this news with you. I got my LC certified yesterday. Do not know the exact date as I have not seen the notice but here are the details.

EB2/RIR/CA
P.D: 06/15/2004

No 45-day letter received.
Case closed and re-opened sometime in the second week of September.
Case# D-05194-20xxx

I still have my 2001 remanded case in the queue.

Wish you guys all the luck and hope for the best.

 

[kevinJames]

IN PROCESS -->> WITHDRAWN

My 2003 RIR case status changed to WITHDRAWN from IN PROCESS.
Anybody knows what could be the reason, attorney is saying they replied to 45DL in Jan'05.

Any comment/help is appreciated.
- Kev.

 

[coolz]

same here.

my 2001 aug. case was also WITHDRAWN when i checked today.
until yesterday it was inprocess.

we already replied 45 day letter notice last january 2006.

after been waiting for so long what is this all about ! oh man!

any idea...
thanks .....

 

[manwithnoname]

That's ridiculous .... so far we got used to the shock of 'closed' status due to non-receipt of necessary documents at BEC. How come the status indicates 'withdrawn' without employer's knowledge?

 

[kevinJames]

INPROCESS -->> WITHDRAWN

Coolz,
My case status was also changed last night only..

They shd atleast inform employer abt withdrawing the case.
I just hope that this has nothing to do with PERM application.

My attorney has informed DOL and is saying that it will take around 2-3 weeks to hear anything back from them

- Kev.

 

[manwithnoname]

Coolz,
My case status was also changed last night only..

They shd atleast inform employer abt withdrawing the case.
I just hope that this has nothing to do with PERM application.

My attorney has informed DOL and is saying that it will take around 2-3 weeks to hear anything back from them

- Kev.

Okay, did you re-file in PERM for identical position with same employer? Below is an excerpt from immigration law website - please read

09/23/2006: Consequences of PERM Filing with "Refile" Option on Pending BEC case

The 09/12/2006 Liaison Minute clarified the DOL policy on the issue as follows:
- PERM database and BEC database are growingly communicating quicker and BEC will almost immediately take out as withdrawn.
- If BEC case is approved either before the PERM case is adjudicated or BEC takes action taking out such case as withdrawn, such certified BEC application will remain valid. In such cases, employers will be allowed to withdraw the pending PERM application.
- If BEC case is still pending and such PERM is denied, two consequences will take place. The beneficiary loses the priority date of the BEC case. Additionally, the BEC case is considered automatically withdrawn. Quickly refiling of another PERM application will not change the deadly consequences on both PERM application and BEC application. However, employer can file a motion to reconsider if justifiable. If the motion is granted and certifies the original PERM application, the old priority date will not be affected.

 

[coolz]

mine PERM was certified last year around june with same employer but different salary and different position.

what a bummer!
i called my lawyer already and he was surprise to hear that.

don't know whats next?
thanks much.

 

[bec_victim]

IN PROCESS to DATA REVIEW to IN PROCESS

I'm in the same stupid boat guys. My status changed around 3-45 p.m on 10/24/2006 from "In-Process" to "Data Review". I was following 30 cases close to my ETA# and I have noticed that 3 other cases chaged in the same way. I hope it is not a bad news. Good luck and God bless all of you guys.

My case changed back to IN PROCESS as soon as website is up on 10/30/2006, And so are the 3 other cases that I have noticed within 30 number proximity to my ETA #.

 

[kevinJames]

PERM was for different position

mine PERM was certified last year around june with same employer but different salary and different position.

what a bummer!
i called my lawyer already and he was surprise to hear that.

don't know whats next?
thanks much.

My case is similar to coolz's case,
PERM application was from same employer but different position/salary, PERM is already certified.
- Kev

 

[coolz]

kev: i think this stupid people are confuse about our case between BEC & PERM eventhough it was for different positions.
i think they just look at it and throw away.
will see after we get the documents from them.
they don't care about people's life been waiting for last several years just for the labor. can't imagine........

 

[Immi_Seeker]

NOF-Intent to Deny - Salary issue

It seems I too received a NOF-Intent To Deny. It is for Salary.

"The Employer's wage offer did not meet 95% of the Prevailing Wage at the initial time of recruitment."

It was received around 10/20 and replied around 10/25. Let's see what happens.....

Hello everyone,

Good news is that I heard back from DOL after 2+ years.

BUT the bad news is that they sent me an INTENT TO DENY notice. ...
.........
.......

Thanks,

Zaki

ETA Case D-05215-xxxxx
PD = 11/2/2004

 

[chinnu2004]

Recieved NOF for Salary

I too today recieved a intent to deny for notice of findings. Same as the Immi-Seeker decription to me.

Did not meet the 95% of salary.

PD: Nov-15-2004
State: MI
ETA: D-05213-xxxxxx
45 Day replied: May-22-2006

 

[shamestx]

how do you rebut this issue? did you ask ur employer to match the 95% of PW or you just argue the PW is too high? it seems quite a few ppl have the same problem.
thanks.

It seems I too received a NOF-Intent To Deny. It is for Salary.

"The Employer's wage offer did not meet 95% of the Prevailing Wage at the initial time of recruitment."

It was received around 10/20 and replied around 10/25. Let's see what happens.....

 

[chinnu2004]

What did you do Immi-Seeker

Immi-seeker, could you let ne know what your employer replied for the NOF.
Is anybody in the form cleared the NOF so far. Please give some light in this.

 

[coolz]

kev: did you lawyer contacted them via phone or email.
my lawyer said he will try to contact but don't know how. and he said he will let me know and i 'vn't heard anything from him yet.

if anything comes to your end pls. notify me so i can keep track of mine and will do the same for you.

thanks

 

[panpangc]

I too today recieved a intent to deny for notice of findings. Same as the Immi-Seeker decription to me.

Did not meet the 95% of salary.

PD: Nov-15-2004
State: MI
ETA: D-05213-xxxxxx
45 Day replied: May-22-2006

Hi, Chinnu2004,

I have the similar case info as you, also filed in MI. May I ask when you said "Did not meet the 95% of salary", are you mean your actual salary or you mean the salary that your employer signed willing to pay on your paperwork? I would appreciate it if you could please advise me.

Thank you!

Panpangc