Dallas Backlog Elimination Center Tracking

This is almost similar issue as mine. The company A bought over by Company B and position being changed, etc. I wonder why they denied. This is there in the law and there should be no reason for deniel. Please let me know in brief of your deniel once you receive it. My case status still says "In Process".

Good luck with your appeal.

- longtimer 01

cal97 said:
o Company A filed for my GC in 2001 for Position A.
o Company A got bought over by Company B, in the meantime my job
responsibilities changed to Position B.
o I read the NOF rebuttal, my attorney indeed did a very good job on pointing
out the differences. The rebuttal was 4 pages which I really doubt if the
folks at DOL read.
o The positions are totally different, the requirements are different, the job
responsibilities are different.

Not sure why they denied it. Shall try appealing. Wish you all the best for your case!
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Thanks skganji.

You bring up an important point but god knows what order they do it. Its a mystery how BEC,USCIS........work!!!

skganji said:
Congrats Jambapamba !!. It is really confusing to me and I feel depressed to see EB2's not getting approved . I thought EB2 has a high priority than EB2 when Labor is certified. My PD is 02-24-2004 ( atleast 5 months earlier ) than your case and in EB2 and still haven't seen approval.

PD - 02-24-2004.
Category : EB2.
Case # : D-05192-XXXXX.
Request to RRI received : 05/22/2007.
Response to RRI sent : 06-04-2007.
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I have not seen the denial. My attorney told me that it was not clearly explained and was very vague.

Last ditch attempt to save that 2001 P.D :) Hope it works.

I thought your attorney had something worked out with the BEC analyst per you last post ?

Shall definitely post the outcome of the appeal.

longtimer01 said:
This is almost similar issue as mine. The company A bought over by Company B and position being changed, etc. I wonder why they denied. This is there in the law and there should be no reason for deniel. Please let me know in brief of your deniel once you receive it. My case status still says "In Process".

Good luck with your appeal.

- longtimer 01
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CERTIFIED finally

My case shows CERTIFIED as of July 4th. Sorry for the delayed update.
And also at least 10 other co-workers case was certified as well.

Hope yours will be on the way soon.

Good luck friends.:)

N
 
Hi longtimer01 and cal97,
Last week we withdrawn my RIR 2004 certified labor and forwarded the withdrawl letter to DOL(BEC) > Today STATUS has been changed to "DATA REVIEW". It was "IN PROCESS" until yesterday.
According to my attorney BEC is working on 2002 March TR(Converted to RIR) case and I will hear something very soon. My attorney was in constant touch with the BEC staff & certifying officer in regard to my case.

Stay tuned I will post when I hear something from BEC dallas.

All the best



cal97 said:
I have not seen the denial. My attorney told me that it was not clearly explained and was very vague.

Last ditch attempt to save that 2001 P.D :) Hope it works.

I thought your attorney had something worked out with the BEC analyst per you last post ?

Shall definitely post the outcome of the appeal.
Click to expand...
 
Certified today.

As a silent reader, I just registered to share the good news.

D-0522*-*****
PD: Feb, 2005
EB2-TR
RRI sent: 06/27/2007
Certified: 07/10/2007
 
Certified upon Congressional Inquiry

Certified after 5 1/2 years but only after my local US Rep called Dallas BEC to get status update. See signature for details.
 
kalifornia_resi said:
Certified after 5 1/2 years but only after my local US Rep called Dallas BEC to get status update. See signature for details.
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HI!
congratulation on your certification
what did you your congress man ask from backlog center
and did your case approved after congress man call to them

thanks for your help
 
Two cases with same company, DBEC askingto withdraw one cae, Plz hlp

Hi longtimer01 and cal97,

I am in the same situation. I have two cases with same employer one was TR (2002) and another one RIR (Jan 2005). 2nd case RIR Jan 2005 has been approved and I140 also approved. Now received NOF from DBEC saying that I need to withdraw one case.

For TR 2002 case, I submitted request for RIR conversion in March. It changed to RIR last month. Now, my attoryney is saying that I should continue my second case as it is approved along with I140. He seems not to be interested in fighting for 2002 case, as he says that we will recieve rectruitment instructions from DBEC and it might be rejected if we recieve resumes. I dont believe him..if the case has been converted to RIR then why will i recieve recruitment instructions again. I am totally lost what to do. How cna they put us so much suffering agian?

Can97, what denial letter did u recieve..or are u talking about NOF as the denial letter....

Plz, advise what to do.

walker15 said:
Hi longtimer01 and cal97,
Last week we withdrawn my RIR 2004 certified labor and forwarded the withdrawl letter to DOL(BEC) > Today STATUS has been changed to "DATA REVIEW". It was "IN PROCESS" until yesterday.
According to my attorney BEC is working on 2002 March TR(Converted to RIR) case and I will hear something very soon. My attorney was in constant touch with the BEC staff & certifying officer in regard to my case.

Stay tuned I will post when I hear something from BEC dallas.

All the best
Click to expand...
 
Hi Walker15:

Was you 2002 case ever withdrawn by BEC as you had two cases filed with same employer?. My 2002 case was withdrawn on it own by DBEC in Jan when i was about to submit the RIR conversion email. I went and did all the things for RIR conversion although it was in withdrwan state. Submitted the results in March. In May case converted to RIR - "In Process" and now received the NOF to withdraw one case. My attorney doesnt want to put effort..have to show him some dollars...I have been given Aug 1 to respond back to NOF. He says that we will recieve recruitment instrucations again. One question I want to ask everyone that didnt convert their cases to RIR.. how many resumes did u receive from AJB site if the job was for California?.

All inputs will be appreciated.
walker15 said:
Hi longtimer01 and cal97,
Last week we withdrawn my RIR 2004 certified labor and forwarded the withdrawl letter to DOL(BEC) > Today STATUS has been changed to "DATA REVIEW". It was "IN PROCESS" until yesterday.
According to my attorney BEC is working on 2002 March TR(Converted to RIR) case and I will hear something very soon. My attorney was in constant touch with the BEC staff & certifying officer in regard to my case.

Stay tuned I will post when I hear something from BEC dallas.

All the best
Click to expand...
 
Hi seemashah,
My 2002 TR was always IN PROCESS(Never withdrawn by BEC) > My 2004 RIR got certified sometime in May/June 2007 > RIR conversion package sent in JUNE last week> Requested my attorney to talk to BEC officials\certifying officer >In JULY I recd NOF from BEC asking which job position is bonafide > As per their request I accepted to withdraw my 2004 RIR and forwarded the withdrawl letter to DOL 1st week July.
My attorney was proactively discussed with BEC officials\certifying officer in regard to my case. This might be the reason BEC not DENIED\WITHDRAWN my TR case. All this happened due to my request to the attorney to talk to BEC officials\certifying officer , for sure I don't want to loose 2002 March Priority date.
I will post once I hear anything from BEC.
All the best.


seemashah said:
Hi Walker15:

Was you 2002 case ever withdrawn by BEC as you had two cases filed with same employer?. My 2002 case was withdrawn on it own by DBEC in Jan when i was about to submit the RIR conversion email. I went and did all the things for RIR conversion although it was in withdrwan state. Submitted the results in March. In May case converted to RIR - "In Process" and now received the NOF to withdraw one case. My attorney doesnt want to put effort..have to show him some dollars...I have been given Aug 1 to respond back to NOF. He says that we will recieve recruitment instrucations again. One question I want to ask everyone that didnt convert their cases to RIR.. how many resumes did u receive from AJB site if the job was for California?.

All inputs will be appreciated.
Click to expand...
 
Hi Walker15:

I am in the same situation like ca97. Both cases had same job title. I am given an option of substituting or withdrawing. So does that mean i will loose this priority date. Any body plz help. ca 97 plz put in your comments..how is your case going.

Can we suggest to withdraw the approved case and ask them to consider the first case. I feel so helpless. If perm people are allowed to do so...why no tus. We have always been victims of no results.

walker15 said:
Hi seemashah,
My 2002 TR was always IN PROCESS(Never withdrawn by BEC) > My 2004 RIR got certified sometime in May/June 2007 > RIR conversion package sent in JUNE last week> Requested my attorney to talk to BEC officials\certifying officer >In JULY I recd NOF from BEC asking which job position is bonafide > As per their request I accepted to withdraw my 2004 RIR and forwarded the withdrawl letter to DOL 1st week July.
My attorney was proactively discussed with BEC officials\certifying officer in regard to my case. This might be the reason BEC not DENIED\WITHDRAWN my TR case. All this happened due to my request to the attorney to talk to BEC officials\certifying officer , for sure I don't want to loose 2002 March Priority date.
I will post once I hear anything from BEC.
All the best.
Click to expand...
 
I did not have the same job title nor responsibilities. Not sure why they rejected it though. The NOF rebuttal was not successful. We just appealed the denial. Not sure when I would know the final outcome. Would appreciate if anyone here can point me to some information on the appeal processing times.

To answer your question, yes you would lose the priority date if the case is rejected.

Wish you luck with your case.

btw, replied to your pm.

seemashah said:
Hi Walker15:

I am in the same situation like ca97. Both cases had same job title. I am given an option of substituting or withdrawing. So does that mean i will loose this priority date. Any body plz help. ca 97 plz put in your comments..how is your case going.

Can we suggest to withdraw the approved case and ask them to consider the first case. I feel so helpless. If perm people are allowed to do so...why no tus. We have always been victims of no results.
Click to expand...
 
No, based on Walker15's reply, I thought I have to try and pursuade my lawyer to talk to the officer directly. She has not done that yet. So, dont know the result yet. I will keep trying.

Good luck on your appeal.

Seemahsah, I have replied to your private message. I apologize for the delay, since I did not see this site until today.

cal97 said:
I have not seen the denial. My attorney told me that it was not clearly explained and was very vague.

Last ditch attempt to save that 2001 P.D :) Hope it works.

I thought your attorney had something worked out with the BEC analyst per you last post ?

Shall definitely post the outcome of the appeal.
Click to expand...
 
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CASE CLOSED, Can't apply for H1 Ext

My case was closed on June 15th. BEC says that they did not receive my Recruitment results. My lawyer says they fedExed them before the date and have the proof. Anyway my lawyer urged them again to reopen the case and re FedEx ed all the papers. This was on June 25th. So far my online status still shows CLOSED. I am nearing my 7th year H1 expiration date and my lawyer says they cannot apply for my 8th year extension as my case is closed. I have only 4 months left on the 7th year.
If anybody is in the same situation and knows some way to get the extension or has any other way out then please advice.
thanks
NON-RIR EB3
PD:JUNE 2002
DALLAS BEC
 
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