Dallas Backlog Elimination Center Tracking

Congressional Inquiry?

Zany_Brainy said:
My Case is so lost, that I do not know what to do?

My RIR case (State approved RIR) case filed May 2002 is still pending because we have found that it has been mistakenly put into the NON-RIR queue.

Is there anybody else with such a situation?

Is there anybody who was able to get this corrected?

I really need some advice and help here

Thanks
ZB
Click to expand...
My company's HR sent out a congressional inquiry today (my PD was wrong). search your local US senator's website, it should have information about "Constituent Casework", http://www.senate.gov/general/contact_information/senators_cfm.cfm

you can ask your HR to write a letter explaining the situation, attaching whatever proofs you have, and you may need to file a privacy release form which probably in your senator's website.. After that, there is not much to be done but to keep your finger crossed.
TO all the friends here, thank you very much. I greatly appreciate it.
 
Thank you

Thank you so much nisra and dolly 09.
Thanks again for the clarification.
At this point, I have to just keep praying and just waiting.
One thing I feel I am relieved that there is a way to keep extending the H1-B1. I am going to start my 5th year.
Last thing, I sometimes feel so frustrated for all the delay and the indifference of my lawyer.
 
GPG said:
activex111,
How did you know about this. Can you provide us the source link.

Thanks
GPG
Click to expand...


some more info for EB3 guys:

October New Fiscal Year Visa Number Allocation and USCIS Preparation for Adjudication of EB-3 485 Applications

Early next month, September, DOS will release the October 2005 Visa Bulletin and people will see the impact of new fiscal year visa number allocation on EB-3 visa number availability. As the State Department has already predicted, EB-3 visa number may become current for world-wide, and even for China and India, some numbers may become available inasmuch as their priority dates are older than the new cut-off dates which the October 2005 Visa Bulletin will establish.
Report indicates that the Service Centers have been continuously processing EB-485 cases even though their visa numbers are currently unavailable and they cannot decide the cases. They are getting ready for October 1, 2005! No wonder why the EB-3 I-485 applicants have been receiving biometic appointment letters en masse lately. This is certainly not a bad news at all.
Here are a few pointers which may help the people who have been anxiously waiting for the EB-3 visa numbers becoming available for them:
First, when you receive the biometric scheduling, you should never reschedule it as it can cause a delay in processing your EB-3 I-485 applications. For Indians and Chinese, you may learn that such rescheduling will turn out be one of the most serious mistakes you would ever have made in the immigration journey.
Second, when RFE is received for either I-140 or EB-3 I-485 applications, you should send in responses as promptly as possible so that your cases will get ready for adjudication when the EB-3 visa numbers will become availabe on October 1 and thereafter.
Third, you should not do anything that can trigger transfer of EB-3 I-485 applications to the local district offices for interview or issuance of RFE. Once the cases are transferred to the local offices, the cases are subject to the local offices processing queue and decisions can be delayed substantially. Same will be true with the RFE. Those who have changed employers using AC 21 180-rule may want to assess the advantages and disadvantages of proactively reporting their employment changes with the help of their legal counsels.
Fourth, you should not do anything that will either cause a delay in completion of the name checks or trigger trasfer of the case to local district offices for clarification of issues that surfaced through the name checks for fact findings through the interviews. Minor violations of criminal law or local ordinance that require fingerprinting may trigger transfer of the cases to local offices, no matter whether it involves a deportable offense or not. Exit from the U.S. may also be reported by BCP inspectors through the database and the surrendered I-94 documents, which can cause some delays in adjudications, even though in most cases international travelling should not and have not affected adjudication of I-485 applications.
If you have any violation of status in whatever forms after filing I-485 applications, your contact with the agencies through extension or change of nonimmigrant status should be minimized as their findings of violation of nonimmigrant status post-filing of I-485 will seriously affect your eligibility for adjustment of status.
 
Help

I hope I can get an answer.
I have a question:
When the 45-day letter is sent to the employer... is it sent to the attention of the person who signed the application, let's say:
Software INC.
Attention: Mr. Johnson


or just the company let's say:

Software INC.

This is an important question for me. I am starting to freak out that the lawyer's secretary misplaced the letter or the company received the letter as my second example ( name of the company ONLY) and someone just tossed this important mail piece.

Thanks if anyone can help.

PS. I know you can call me paranoic :(
 
Excellent information and advise for those going 140&485

paradesi2000 said:
some more info for EB3 guys:

October New Fiscal Year Visa Number Allocation and USCIS Preparation for Adjudication of EB-3 485 Applications

Early next month, September, DOS will release the October 2005 Visa Bulletin and people will see the impact of new fiscal year visa number allocation on EB-3 visa number availability. As the State Department has already predicted, EB-3 visa number may become current for world-wide, and even for China and India, some numbers may become available inasmuch as their priority dates are older than the new cut-off dates which the October 2005 Visa Bulletin will establish.
Report indicates that the Service Centers have been continuously processing EB-485 cases even though their visa numbers are currently unavailable and they cannot decide the cases. They are getting ready for October 1, 2005! No wonder why the EB-3 I-485 applicants have been receiving biometic appointment letters en masse lately. This is certainly not a bad news at all.
Here are a few pointers which may help the people who have been anxiously waiting for the EB-3 visa numbers becoming available for them:
First, when you receive the biometric scheduling, you should never reschedule it as it can cause a delay in processing your EB-3 I-485 applications. For Indians and Chinese, you may learn that such rescheduling will turn out be one of the most serious mistakes you would ever have made in the immigration journey.
Second, when RFE is received for either I-140 or EB-3 I-485 applications, you should send in responses as promptly as possible so that your cases will get ready for adjudication when the EB-3 visa numbers will become availabe on October 1 and thereafter.
Third, you should not do anything that can trigger transfer of EB-3 I-485 applications to the local district offices for interview or issuance of RFE. Once the cases are transferred to the local offices, the cases are subject to the local offices processing queue and decisions can be delayed substantially. Same will be true with the RFE. Those who have changed employers using AC 21 180-rule may want to assess the advantages and disadvantages of proactively reporting their employment changes with the help of their legal counsels.
Fourth, you should not do anything that will either cause a delay in completion of the name checks or trigger trasfer of the case to local district offices for clarification of issues that surfaced through the name checks for fact findings through the interviews. Minor violations of criminal law or local ordinance that require fingerprinting may trigger transfer of the cases to local offices, no matter whether it involves a deportable offense or not. Exit from the U.S. may also be reported by BCP inspectors through the database and the surrendered I-94 documents, which can cause some delays in adjudications, even though in most cases international travelling should not and have not affected adjudication of I-485 applications.
If you have any violation of status in whatever forms after filing I-485 applications, your contact with the agencies through extension or change of nonimmigrant status should be minimized as their findings of violation of nonimmigrant status post-filing of I-485 will seriously affect your eligibility for adjustment of status.
Click to expand...
I have a question, how long do you think EB-3 be current?Thanks in advance.
 
I feel sorry for you man

Zany_Brainy said:
My Case is so lost, that I do not know what to do?

My RIR case (State approved RIR) case filed May 2002 is still pending because we have found that it has been mistakenly put into the NON-RIR queue.

Is there anybody else with such a situation?

Is there anybody who was able to get this corrected?

I really need some advice and help here

Thanks
ZB
Click to expand...
I saw someone in this forum approached congressional enquiry to change PD.Why not you try that option?
 
Zany_Brainy said:
My Case is so lost, that I do not know what to do?

My RIR case (State approved RIR) case filed May 2002 is still pending because we have found that it has been mistakenly put into the NON-RIR queue.

Is there anybody else with such a situation?

Is there anybody who was able to get this corrected?

I really need some advice and help here

Thanks
ZB
Click to expand...
Hai Zany_brainy,
How did you get to know that your case is mistakenly put in Non RIR?
Ask your lawyer to give a call to BEC/write a letter showing proof that yours is RIR and ask to convert it to RIR from Non RIR.
 
The 45 day letter is sent to the lawyer, who filed the LC application on your behalf. You will receive nothing and will have to depend on lawyer to communicate this info to you.

Remember, the LC is owned by the employer and not the indvidual.

Normally I would think that lawyer/secretaries are not that stupid to misplace such important mails. The only reason to suspect this thing would be if your lawyer has changed physical mail address recently. Then there is slight possibility that BEC sent mail to old address and did not get reply back, because lawyers moved office. U can send mail to your lawyer if that is the case.


Caligirl2004 said:
I hope I can get an answer.
I have a question:
When the 45-day letter is sent to the employer... is it sent to the attention of the person who signed the application, let's say:
Software INC.
Attention: Mr. Johnson


or just the company let's say:

Software INC.

This is an important question for me. I am starting to freak out that the lawyer's secretary misplaced the letter or the company received the letter as my second example ( name of the company ONLY) and someone just tossed this important mail piece.

Thanks if anyone can help.

PS. I know you can call me paranoic :(
Click to expand...
 
This does not make sense.

I thought that USCIS mentioned in the september bulletin that the demand for EB3 is so high that they'll introduce worldwide backlogs (rather than only backlog for China/India/Phillipines) in Dec 2005. Additionally they
've mentioned that EB2 will become backlogged too by Dec 2005. It does not remotely seem possible that EB3 will become current anytime soon.

What is the source of your news? Can you please provide link or something. It looks like fairy tale.

paradesi2000 said:
some more info for EB3 guys:

October New Fiscal Year Visa Number Allocation and USCIS Preparation for Adjudication of EB-3 485 Applications

Early next month, September, DOS will release the October 2005 Visa Bulletin and people will see the impact of new fiscal year visa number allocation on EB-3 visa number availability. As the State Department has already predicted, EB-3 visa number may become current for world-wide, and even for China and India, some numbers may become available inasmuch as their priority dates are older than the new cut-off dates which the October 2005 Visa Bulletin will establish.
Report indicates that the Service Centers have been continuously processing EB-485 cases even though their visa numbers are currently unavailable and they cannot decide the cases. They are getting ready for October 1, 2005! No wonder why the EB-3 I-485 applicants have been receiving biometic appointment letters en masse lately. This is certainly not a bad news at all.
Here are a few pointers which may help the people who have been anxiously waiting for the EB-3 visa numbers becoming available for them:
First, when you receive the biometric scheduling, you should never reschedule it as it can cause a delay in processing your EB-3 I-485 applications. For Indians and Chinese, you may learn that such rescheduling will turn out be one of the most serious mistakes you would ever have made in the immigration journey.
Second, when RFE is received for either I-140 or EB-3 I-485 applications, you should send in responses as promptly as possible so that your cases will get ready for adjudication when the EB-3 visa numbers will become availabe on October 1 and thereafter.
Third, you should not do anything that can trigger transfer of EB-3 I-485 applications to the local district offices for interview or issuance of RFE. Once the cases are transferred to the local offices, the cases are subject to the local offices processing queue and decisions can be delayed substantially. Same will be true with the RFE. Those who have changed employers using AC 21 180-rule may want to assess the advantages and disadvantages of proactively reporting their employment changes with the help of their legal counsels.
Fourth, you should not do anything that will either cause a delay in completion of the name checks or trigger trasfer of the case to local district offices for clarification of issues that surfaced through the name checks for fact findings through the interviews. Minor violations of criminal law or local ordinance that require fingerprinting may trigger transfer of the cases to local offices, no matter whether it involves a deportable offense or not. Exit from the U.S. may also be reported by BCP inspectors through the database and the surrendered I-94 documents, which can cause some delays in adjudications, even though in most cases international travelling should not and have not affected adjudication of I-485 applications.
If you have any violation of status in whatever forms after filing I-485 applications, your contact with the agencies through extension or change of nonimmigrant status should be minimized as their findings of violation of nonimmigrant status post-filing of I-485 will seriously affect your eligibility for adjustment of status.
Click to expand...
 
WhyThisDelay said:
The 45 day letter is sent to the lawyer, who filed the LC application on your behalf. You will receive nothing and will have to depend on lawyer to communicate this info to you.

Remember, the LC is owned by the employer and not the indvidual.

Normally I would think that lawyer/secretaries are not that stupid to misplace such important mails. The only reason to suspect this thing would be if your lawyer has changed physical mail address recently. Then there is slight possibility that BEC sent mail to old address and did not get reply back, because lawyers moved office. U can send mail to your lawyer if that is the case.
Click to expand...

It is not exactly like you said, they suppose to send two letters to attorney and to employer. But very very often attorney do not receive those letters and ask employer's HR or beneficiary to send them a copy.

It is very good if your company is small in this case there is a big chance that letter will not be misplaced. But if your company is big, nobody knows who will receive the letter in your company and how it will be used.

I think the question is whom in the company that letter suppose to be addressed (I do not know the answer) ?

That's for sure there is a mess with 45 day letters, and some time nobody receive it and then they simply close the case.
 
sfmars said:
It is not exactly like you said, they suppose to send two letters to attorney and to employer. But very very often attorney do not receive those letters and ask employer's HR or beneficiary to send them a copy.

It is very good if your company is small in this case there is a big chance that letter will not be misplaced. But if your company is big, nobody knows who will receive the letter in your company and how it will be used.

I think the question is whom in the company that letter suppose to be addressed (I do not know the answer) ?

That's for sure there is a mess with 45 day letters, and some time nobody receive it and then they simply close the case.
Click to expand...
My lawyer moved his office and he somehow did not receive the letter for me. Fortunately, I had been visiting this protal long before BEC was born. When I realized everyone else with similar situation in this forum had received his/her letter, I sent inquiry to everyone involved in the process and the person who signed the application dig out from a pile of mails the letter right before the end of the 45 days. Well, I guess I have to pay more attention to the progress now. The freaking problem is my lawyer is going to close his firm in a few weeks and move all the cases to another lawyer in another state. I am worrying about the pending 45-day rule for filing I140 now.
 
pennwaiting said:
My lawyer moved his office and he somehow did not receive the letter for me. Fortunately, I had been visiting this protal long before BEC was born. When I realized everyone else with similar situation in this forum had received his/her letter, I sent inquiry to everyone involved in the process and the person who signed the application dig out from a pile of mails the letter right before the end of the 45 days. Well, I guess I have to pay more attention to the progress now. The freaking problem is my lawyer is going to close his firm in a few weeks and move all the cases to another lawyer in another state. I am worrying about the pending 45-day rule for filing I140 now.
Click to expand...

Hi Pennwaiting,

Could you tell me, whom that letter (which BEC sent to your company) was addressed ? Person who signed your application, your HR or someone else.

Did it say Attn: Someone or it was just general letter saying:

To whom it may concern
 
Hello Icarus,

You say the processing is currently in Feb 2003. My PD is Jan 2003 and the screen shot I received shows by status as RIR, which I intrepet (from this forum) means the case is still under under process.

What should I do?
 
It looks like PHIL(screen shot) is only sending Case Information part and not Data Review section. The data review section contains information like date submitted, existence check, correction letter generated, correction option =s returned, correction letter printed, date signed etc..
 
Zany_Brainy said:
My Case is so lost, that I do not know what to do?

My RIR case (State approved RIR) case filed May 2002 is still pending because we have found that it has been mistakenly put into the NON-RIR queue.

Is there anybody else with such a situation?

Is there anybody who was able to get this corrected?

I really need some advice and help here

Thanks
ZB
Click to expand...

Zany:

I am really sorry to hear that. Since you were missing from this forum for a while I assumed that your LC was certified in the recent flood of approvals. What does your attorney say ?
 
Hi

DeshWasi said:
Hello Icarus,

You say the processing is currently in Feb 2003. My PD is Jan 2003 and the screen shot I received shows by status as RIR, which I intrepet (from this forum) means the case is still under under process.

What should I do?
Click to expand...
what is your stste? when did you get your screen shot?
Thanks
 
45 day letter

Caligirl2004 said:
I hope I can get an answer.
I have a question:
When the 45-day letter is sent to the employer... is it sent to the attention of the person who signed the application, let's say:
Software INC.
Attention: Mr. Johnson


or just the company let's say:

Software INC.

This is an important question for me. I am starting to freak out that the lawyer's secretary misplaced the letter or the company received the letter as my second example ( name of the company ONLY) and someone just tossed this important mail piece.

Thanks if anyone can help.

PS. I know you can call me paranoic :(
Click to expand...

One copy of the 45 day letter is sent to the employer and one copy is sent to the attorney. Either the employer or the attorney can sign and return the letter to BPC. But make sure that only one of them does that and even if by mistake both replies they should not be contradicting.
 
srignram said:
what is your stste? when did you get your screen shot?
Thanks
Click to expand...
My state is Texas.I got the screen shot today but from Phily center. Have heard nothing from Dallas center yet.
 
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