Dallas Backlog Elimination Center Tracking
- Thread starter gp111
- Start date
Still waiting
I am still waiting as I haven't heard anything from my attorney or employer. Also there has been a change of address of both my employer and mine over these years causing an iota of concern, but I think its too early to worry about it. By the way who should get the letter, the employer or the attorney ?
s_chicago said:# total dBEC regional cases in tracker = 532
Considering the PDs of these cases are equally distributed same as of real world PDs (Which is not a very strong statement, but believe reality is 70-80%)
# of DOL Cases from
7/1/2002 - 12/31/2002 = 114
1/1/2003 - 6/31/2003 = 110
7/1/2003 - 12/31/2003 = 94
1/1/2004 - 6/31/2004 = 65
So, # DOL cases is reducing gradually but not dramatically. And the good news is, the last biggest 6 month's chunk (1/1/2003 - 6/31/2003 = 110) is already over and about 1/2 of the next biggest chunk (7/1/2003 - 12/31/2003 = 94) is also over.
Explanation of why not many Approval recently:
These are the ppl in the tracker who should get the next approvals
sri_kaza 22-Sep-03
Ilwaiting 23-Sep-03
UG. 26-Sep-03
checkingIn 30-Sep-03
Funeky_Dude 06-Oct-03
DocPC 09-Oct-03
ravib 21-Oct-03
The # is not much and not all of them are active member.
We hope to hear soon from UG, Funeky_Dude
I am still waiting as I haven't heard anything from my attorney or employer. Also there has been a change of address of both my employer and mine over these years causing an iota of concern, but I think its too early to worry about it. By the way who should get the letter, the employer or the attorney ?
Bet you would be second to know if I here something. Pls stay tuned.
s_chicago said:# total dBEC regional cases in tracker = 532
Considering the PDs of these cases are equally distributed same as of real world PDs (Which is not a very strong statement, but believe reality is 70-80%)
# of DOL Cases from
7/1/2002 - 12/31/2002 = 114
1/1/2003 - 6/31/2003 = 110
7/1/2003 - 12/31/2003 = 94
1/1/2004 - 6/31/2004 = 65
So, # DOL cases is reducing gradually but not dramatically. And the good news is, the last biggest 6 month's chunk (1/1/2003 - 6/31/2003 = 110) is already over and about 1/2 of the next biggest chunk (7/1/2003 - 12/31/2003 = 94) is also over.
Explanation of why not many Approval recently:
These are the ppl in the tracker who should get the next approvals
sri_kaza 22-Sep-03
Ilwaiting 23-Sep-03
UG. 26-Sep-03
checkingIn 30-Sep-03
Funeky_Dude 06-Oct-03
DocPC 09-Oct-03
ravib 21-Oct-03
The # is not much and not all of them are active member.
We hope to hear soon from UG, Funeky_Dude
s_chicago said:# total dBEC regional cases in tracker = 532
Considering the PDs of these cases are equally distributed same as of real world PDs (Which is not a very strong statement, but believe reality is 70-80%)
# of DOL Cases from
7/1/2002 - 12/31/2002 = 114
1/1/2003 - 6/31/2003 = 110
7/1/2003 - 12/31/2003 = 94
1/1/2004 - 6/31/2004 = 65
So, # DOL cases is reducing gradually but not dramatically. And the good news is, the last biggest 6 month's chunk (1/1/2003 - 6/31/2003 = 110) is already over and about 1/2 of the next biggest chunk (7/1/2003 - 12/31/2003 = 94) is also over.
Explanation of why not many Approval recently:
These are the ppl in the tracker who should get the next approvals
sri_kaza 22-Sep-03
Ilwaiting 23-Sep-03
UG. 26-Sep-03
checkingIn 30-Sep-03
Funeky_Dude 06-Oct-03
DocPC 09-Oct-03
ravib 21-Oct-03
The # is not much and not all of them are active member.
We hope to hear soon from UG, Funeky_Dude
Well, Let's hope your calculation is correct. BTW, I have posted a few every now and then
add myself in, waiting.....
s_chicago said:# total dBEC regional cases in tracker = 532
Considering the PDs of these cases are equally distributed same as of real world PDs (Which is not a very strong statement, but believe reality is 70-80%)
# of DOL Cases from
7/1/2002 - 12/31/2002 = 114
1/1/2003 - 6/31/2003 = 110
7/1/2003 - 12/31/2003 = 94
1/1/2004 - 6/31/2004 = 65
So, # DOL cases is reducing gradually but not dramatically. And the good news is, the last biggest 6 month's chunk (1/1/2003 - 6/31/2003 = 110) is already over and about 1/2 of the next biggest chunk (7/1/2003 - 12/31/2003 = 94) is also over.
Explanation of why not many Approval recently:
These are the ppl in the tracker who should get the next approvals
sri_kaza 22-Sep-03
Ilwaiting 23-Sep-03
UG. 26-Sep-03
jamiw75 29-Sep-03
checkingIn 30-Sep-03
Funeky_Dude 06-Oct-03
DocPC 09-Oct-03
ravib 21-Oct-03
The # is not much and not all of them are active member.
We hope to hear soon from UG, Funeky_Dude
SWA status???
All,
Is there any idea or info when the DBEC start's looking in to the SWA cases (RIR or Perm)
My PD is in Nov2004 and ofcourse never made it to Regional, but it is frustating that we dont know status of our cases from BEC's?
Any inside info or any ony one knows some thing?
Please share,
h1bpro
All,
Is there any idea or info when the DBEC start's looking in to the SWA cases (RIR or Perm)
My PD is in Nov2004 and ofcourse never made it to Regional, but it is frustating that we dont know status of our cases from BEC's?
Any inside info or any ony one knows some thing?
Please share,
h1bpro
s_chicago said:# total dBEC regional cases in tracker = 532
Considering the PDs of these cases are equally distributed same as of real world PDs (Which is not a very strong statement, but believe reality is 70-80%)
# of DOL Cases from
7/1/2002 - 12/31/2002 = 114
1/1/2003 - 6/31/2003 = 110
7/1/2003 - 12/31/2003 = 94
1/1/2004 - 6/31/2004 = 65
So, # DOL cases is reducing gradually but not dramatically. And the good news is, the last biggest 6 month's chunk (1/1/2003 - 6/31/2003 = 110) is already over and about 1/2 of the next biggest chunk (7/1/2003 - 12/31/2003 = 94) is also over.
Explanation of why not many Approval recently:
These are the ppl in the tracker who should get the next approvals
sri_kaza 22-Sep-03
Ilwaiting 23-Sep-03
UG. 26-Sep-03
checkingIn 30-Sep-03
Funeky_Dude 06-Oct-03
DocPC 09-Oct-03
ravib 21-Oct-03
The # is not much and not all of them are active member.
We hope to hear soon from UG, Funeky_Dude
No news yet, I hope to hear something by the end of next week.
Friends:
Past few weeks were really busy. Lot of approvals/news/progress. Atleast hearing others getting approvals really was comforting. You get some kind of excitement that somebody is doing some serious work there and the queue is slowing moving for good. But this week things were't moving any fast. Not to mention about few approvals but other than that kind of a lazy week. Atleast we made some good progress on the immigration bill.
Hope coming weeks will be busy for all of us.
PD: Oct 20, 2003
IL
Past few weeks were really busy. Lot of approvals/news/progress. Atleast hearing others getting approvals really was comforting. You get some kind of excitement that somebody is doing some serious work there and the queue is slowing moving for good. But this week things were't moving any fast. Not to mention about few approvals but other than that kind of a lazy week. Atleast we made some good progress on the immigration bill.
Hope coming weeks will be busy for all of us.
PD: Oct 20, 2003
IL
Clarification from immigration-law dot com
Dear Folks;
Please clarify me if I am wrong.
According to www.immigration.com. You need to have an approved I-140 to apply for I-485 if visa number is not available.
You cannot file I-140 and I-485 Concurrently according to this senate passed law.
Am I wrong? I hope the answer is I am wrong?
Dear Folks;
Please clarify me if I am wrong.
According to www.immigration.com. You need to have an approved I-140 to apply for I-485 if visa number is not available.
You cannot file I-140 and I-485 Concurrently according to this senate passed law.
Am I wrong? I hope the answer is I am wrong?
Last edited by a moderator:
bijualex said:
From my understanding you will only be able to benefit from this piece of liegislation if you already have an I140 approval or an I140 pending. If your labor certification has not yet received approval you are out in the cold again. My PD is Nov 2002 and having watched approvals as far ahead of mine as Dec 2003, I willl now be able to stand by and see them get their green cards ahead of me too. My son actually ages out in seven weeks and I cannot convey how depressed I was already, how many more knocks can the non-immigrant community in this bureaucrativ nightmare take.
sun_spark,
when you say "I have received approved letter from Dallas backlog center on Oct 21"...do you mean you got it at your home/ work address or your employer got it. I mean was the letter addressed to you as an individual?
thanks
when you say "I have received approved letter from Dallas backlog center on Oct 21"...do you mean you got it at your home/ work address or your employer got it. I mean was the letter addressed to you as an individual?
thanks
Last edited by a moderator:
DoNotWorry
Registered Users (C)
Case Processing at DOL Backlog Elimination Centers
Case Processing at DOL Backlog Elimination Centers
11/04/2005
The U.S. Department of Labor (DOL) has recently issued an explanation as to how cases are ordered for processing at the agency's Backlog Elimination Centers (BECs). The Centers, which process labor certification applications that were filed before the advent of the PERM system, were originally slated to process those cases on a "first in, first out"(or FIFO) basis, so that labor certification filings with earlier priority dates would be processed before newer applications. However, as immigration practitioners and sponsoring employers have seen, the BECs have not consistently followed the FIFO method. A recent communication from the Department of Labor explains that several factors might cause a case with an earlier priority date to be handled later than a case with a more recent priority date.
Background
In order for an employment-based immigrant petition to be approved on behalf of a foreign national seeking to work permanently in the United States, the Department of Labor must first certify that there are no qualified U.S. workers available to fill the position. Before the advent of the Program Electronic Review Management (PERM) system of labor certification on March 28, 2005, this process was undertaken by State Workforce Agencies (SWAs) and regional offices of the Labor Department. These offices adjudicated two types of labor certification applications – traditionally filed cases, in which the Department of Labor oversees the employer's recruitment of U.S. workers, and reduction-in-recruitment (RIR) cases, for which the employer undertakes recruitment before the application is filed.
Over the years, a backlog of some 300,000 cases developed at these offices. To address the accumulated caseload, DOL in 2004 established two Backlog Elimination Centers, located in Philadelphia and Dallas, at which processing functions were centralized and consolidated for all labor certification cases pending at the SWAs and regional offices through March 27, 2005. Local offices began transferring their cases on a rolling basis to the BECs, which planned to adjudicate them on a "first in, first out" (FIFO) basis, so that labor certification filings with earlier priority dates would be processed before newer applications. However, as the work of the BECs has progressed, it has become apparent that the FIFO system is not being applied consistently. Many older cases are still pending, while more recently filed applications are being approved.
Factors Affecting Backlog Processing Order
In response to inquiries from immigration advocates, including FRAGOMEN and the American Council on International Personnel (ACIP), DOL officials have issued recent statements explaining the factors that might cause a case with an earlier priority to be processed or decided later than a case with a more recent priority date. These include:
* The type of case. Whether a case was traditionally filed or filed under the RIR method may affect its precedence in the BEC processing queue. Traditionally filed cases, which require DOL supervision of the employer's recruitment process, are extremely time-consuming and labor-intensive for adjudicating officers. In contrast, RIR cases generally involve less processing by DOL, since supervision of the employer's recruitment process is not necessary. In the interest of reaching final determination on as many cases as quickly as possible, the BECs may give preference to RIR cases, since they can be concluded more quickly.
* The stage of processing the case had reached before transfer to the BEC. Cases that had reached an advanced stage of processing before they were transferred to the BEC may be processed more quickly. As noted above, the Centers are currently giving adjudication preference to RIR cases and to traditional cases that have already been through recruitment.
* The complexity of the application. Labor certifications applications that are particularly complex, raise questions or require additional information from the applicant may be processed more slowly than straightforward applications.
* Promptness of the employer's response to DOL inquiries. Many of the cases awaiting adjudication at the BECs have been pending for several years or more. Before adjudicating a backlog case, the BEC sends a "45-day letter" to the sponsoring employer, inquiring whether the employer wishes to proceed with the application for labor certification. The employer has 45 days within which to reply to the letter. A prompt response from the employer may result in a case being processed more quickly.
* When the case was received from the SWA or regional office. As noted above, DOL's backlog reduction plan required SWAs and regional DOL offices to pack pending case files and forward them to the BECs. Each box of files was to be marked with the initial filing date of the case and sent to the appropriate BEC in chronological order. However, in many cases, the BECs have received files in random order. Because reorganizing the large volume of files would be extremely time consuming and would divert resources from actual adjudications, the BECs determined that they would process cases as received, even though it became clear that they could not do so in FIFO order.
To aid employers in determining when their applications for labor certification were shipped to a backlog center, DOL has issued a spreadsheet listing each state office, the shipping dates of the office's submissions to DOL, and the case receipt dates contained in each shipment. This report is available at http://workforcesecurity.doleta.gov/foreign/docs/online_manifest.xls. Note, however, that DOL is not currently issuing reports on its projected processing times for backlogged cases, though the agency is expected to make such reports available at some point in the future. FRAGOMEN and the American Council on International Personnel are actively working with the Labor Department to encourage the release of processing time reports.
This is from link
http://pubweb.fdbl.com/news1.nsf/9a...3f1fbb721bca1a42852570af0078ea75?OpenDocument
Case Processing at DOL Backlog Elimination Centers
11/04/2005
The U.S. Department of Labor (DOL) has recently issued an explanation as to how cases are ordered for processing at the agency's Backlog Elimination Centers (BECs). The Centers, which process labor certification applications that were filed before the advent of the PERM system, were originally slated to process those cases on a "first in, first out"(or FIFO) basis, so that labor certification filings with earlier priority dates would be processed before newer applications. However, as immigration practitioners and sponsoring employers have seen, the BECs have not consistently followed the FIFO method. A recent communication from the Department of Labor explains that several factors might cause a case with an earlier priority date to be handled later than a case with a more recent priority date.
Background
In order for an employment-based immigrant petition to be approved on behalf of a foreign national seeking to work permanently in the United States, the Department of Labor must first certify that there are no qualified U.S. workers available to fill the position. Before the advent of the Program Electronic Review Management (PERM) system of labor certification on March 28, 2005, this process was undertaken by State Workforce Agencies (SWAs) and regional offices of the Labor Department. These offices adjudicated two types of labor certification applications – traditionally filed cases, in which the Department of Labor oversees the employer's recruitment of U.S. workers, and reduction-in-recruitment (RIR) cases, for which the employer undertakes recruitment before the application is filed.
Over the years, a backlog of some 300,000 cases developed at these offices. To address the accumulated caseload, DOL in 2004 established two Backlog Elimination Centers, located in Philadelphia and Dallas, at which processing functions were centralized and consolidated for all labor certification cases pending at the SWAs and regional offices through March 27, 2005. Local offices began transferring their cases on a rolling basis to the BECs, which planned to adjudicate them on a "first in, first out" (FIFO) basis, so that labor certification filings with earlier priority dates would be processed before newer applications. However, as the work of the BECs has progressed, it has become apparent that the FIFO system is not being applied consistently. Many older cases are still pending, while more recently filed applications are being approved.
Factors Affecting Backlog Processing Order
In response to inquiries from immigration advocates, including FRAGOMEN and the American Council on International Personnel (ACIP), DOL officials have issued recent statements explaining the factors that might cause a case with an earlier priority to be processed or decided later than a case with a more recent priority date. These include:
* The type of case. Whether a case was traditionally filed or filed under the RIR method may affect its precedence in the BEC processing queue. Traditionally filed cases, which require DOL supervision of the employer's recruitment process, are extremely time-consuming and labor-intensive for adjudicating officers. In contrast, RIR cases generally involve less processing by DOL, since supervision of the employer's recruitment process is not necessary. In the interest of reaching final determination on as many cases as quickly as possible, the BECs may give preference to RIR cases, since they can be concluded more quickly.
* The stage of processing the case had reached before transfer to the BEC. Cases that had reached an advanced stage of processing before they were transferred to the BEC may be processed more quickly. As noted above, the Centers are currently giving adjudication preference to RIR cases and to traditional cases that have already been through recruitment.
* The complexity of the application. Labor certifications applications that are particularly complex, raise questions or require additional information from the applicant may be processed more slowly than straightforward applications.
* Promptness of the employer's response to DOL inquiries. Many of the cases awaiting adjudication at the BECs have been pending for several years or more. Before adjudicating a backlog case, the BEC sends a "45-day letter" to the sponsoring employer, inquiring whether the employer wishes to proceed with the application for labor certification. The employer has 45 days within which to reply to the letter. A prompt response from the employer may result in a case being processed more quickly.
* When the case was received from the SWA or regional office. As noted above, DOL's backlog reduction plan required SWAs and regional DOL offices to pack pending case files and forward them to the BECs. Each box of files was to be marked with the initial filing date of the case and sent to the appropriate BEC in chronological order. However, in many cases, the BECs have received files in random order. Because reorganizing the large volume of files would be extremely time consuming and would divert resources from actual adjudications, the BECs determined that they would process cases as received, even though it became clear that they could not do so in FIFO order.
To aid employers in determining when their applications for labor certification were shipped to a backlog center, DOL has issued a spreadsheet listing each state office, the shipping dates of the office's submissions to DOL, and the case receipt dates contained in each shipment. This report is available at http://workforcesecurity.doleta.gov/foreign/docs/online_manifest.xls. Note, however, that DOL is not currently issuing reports on its projected processing times for backlogged cases, though the agency is expected to make such reports available at some point in the future. FRAGOMEN and the American Council on International Personnel are actively working with the Labor Department to encourage the release of processing time reports.
This is from link
http://pubweb.fdbl.com/news1.nsf/9a...3f1fbb721bca1a42852570af0078ea75?OpenDocument