Dallas Backlog Elimination Center Tracking

Guys,

need urgent help! not really sure if this is the right place to post this, if not sorry!

*********
I forgot that i applied a Non-RIR Labor in Apr 03. however, yesterday I got a letter from Dallas Backlog center asking if my employer is still willing to go ahead with the case. Since my RIR related case was denied at the 140 stage b'coz of my education, i have to go ahead with this Non-RIR case.

However, my question is, can i make amends/ corrections to the educational requirements in the Non-RIR labor before it gets approved. If yes, how so?

Please advise...
 
bunny01 said:
Guys,

need urgent help! not really sure if this is the right place to post this, if not sorry!

*********
I forgot that i applied a Non-RIR Labor in Apr 03. however, yesterday I got a letter from Dallas Backlog center asking if my employer is still willing to go ahead with the case. Since my RIR related case was denied at the 140 stage b'coz of my education, i have to go ahead with this Non-RIR case.

However, my question is, can i make amends/ corrections to the educational requirements in the Non-RIR labor before it gets approved. If yes, how so?

Please advise...
Click to expand...


The short answer is no. As you may know EB3 does not require Bachelor or Master degree, you could be approved on I-140 as a skilled worker with two years experience. The only problem can happen only if your employer wrote in advertisement for the position specific requirements for education.

If the green card process EB2 or even EB3, with educational requirements, I would say there is no chances to adjust LC. Most of 245i people will fall into EB3 as skilled workers (not EB3 other workers) with 2 years experience without university degree.
 
sfmars said:
chikkili - 45DL received only 01/17/06. It is reasonable to give DBEC couple of months to make a decision
and based on the number I think that case was recently entered to their database,
Probably transfered to DBEC from SF DOL only in December 2005. WHY ARE YOU SURPRISED ?

smuppala - PD 12/10/03 , Last update from him/her was 11/16/2005. If it is RIR it should have been
approved sometime at the end of November or in December.
May be smuppala simply did not report about approval


RajWaitingonLCA - It is strange, He has very strange case number for his PD 12/31/03 D-05145-XXXXX
It was entered to the DBEC database some time at the end of May 2005 as SWA,
I believe DBEC finished entering Reginal cases at the April, and Regional from CA
at the end of February 2005 got 45DL. I would say that DBEC treats his case as SWA.
But anyway it is not very bad for him, I believe he will be certified within next 5 months anyway.


immm, RIR_CA_1001, VISLI_COM, jhegde, inneedofgc - I believe they will get decision soon,
anyway it is not time for them to be in panic now.
DBEC has finished most of CA RIR Regional cases but I think
some of them (some problematic) can certified with SWA people.


factfinder, patience13, LaborCA, june_16 - I would recommend them to get their screenshots to say something about them
each situation can be specific.
Click to expand...

-----
Sfmars,
Thanks for your effort in interpreting the status... my latest screenshot from Dallas still gives my status as "RIR" , Case source - "Region", Processing type - "RIR", Case Received date - "11/15/2004". 45 day letter was received and replied in March 05. One thing I know that there was an RFE in State level, lawyer provided some inputs, then case was approved at State and moved to "SF region" then to DBEC.
 
Last edited by a moderator:
mvinays said:
UG.,
What was your SWA NOF about? How was it resolved? Thanks!
Click to expand...


It was about prevailing wage. They had misclassified my job. My understanding is that the issue was never resolved and was forwarded to the regional office for them to make the final decision.
 
No 45 day reply

I have been following the tracker for a long time now. Is there anyone who has not had a 45 letter yet? My PD is December 2004, Eb2 Special Handling, MI. My case source says :confused: state ;and status says data review. WHat does this mean?
 
Question for Gurus

I noticed that my case number starts with a "T". My number T-05181-xxxxx. All of you have the number starting with the letter "D". Any idea why the difference?
 
Case Source = STATE.

Guys,

Since it is more than one request, I'm posting it here, instead of sending individual mail.

Address and Fax number of DBEC is given below.

U.S. Department of Labor
Employment and Training Administration
700 North Pearl St., Suite 400N
Dallas, Texas 75201
Phone: (214) 237-9111
Fax: (214) 237-9135

================

Sample Cover Letter:
---------------------


<DATE>


To,

U.S. Department of Labor
Employment and Training Administration
700 North Pearl St., Suite 400N
Dallas, Texas 75201
Phone: (214) 237-9111
Fax: (214) 237-9135


Subject: Reg. Request to Change the Case Source of ETA Case No: xxxxxxxxxxxx


Respected Sir/Madam,

This letter is to inform you that the below mentioned case has been transmitted from Nebraska Workforce Development Office to Chicago Region office on <date>. We have recently received the status from BEC on this Case and it seems to indicate that the Case Source is “State” instead of “Region”. Since it has been transferred to Chicago regional office before it moved to DBEC, We kindly request you to update the Case Source of this Case.

We have enclosed the ‘Notice of Transmittal’ from Nebraska Workforce Development office and Screen Shot of this case for your reference.

Please find below the Information about this Case.

Employer Name: xxxxxxxxxxxxxx
Employee Name: xxxxxxxxxxxxxxx xxxxxx
State Case Number: xxxx-xxxx
ETA Case Number: D-xxxxx-xxxxx
Date filed: xxxxxxxxx
Regional (Chicago): xxxxx
State Filed: xxxxxxxx.


If you need any further information, Please contact me at (xxx) xxx xxxx (or) xxxxxxx@xxxxxxx.xxx.

Thanking you,


Yours Sincerely,


( )

=================================================


Additional Note:
----------------

I would suggest you guys to ask your lawyer and your employer to
do this. I'm not sure how much effect it will have if you do this by your own.

Hope this helps, Mjee.
 
Thanks MJee

I sent request to my Attorney...hopefully he/she should get something going.....I told Attorney....if my case source says SWA then Backlog center will re-do entire SWA approval process on case....with your help we can avoid this.....hopefully my Attorney should get convinced; she is really helpful....now let's hope for the best..

Thanks once again to MJee.

Thanks
Raj
 
Ladies and gentlemen,
My Labor got approved today ......just got an email from lawyer...now the wait begins

Thanks

dask_1
PD:01/31/2002
RIR
45 day letter recd. on :12/28/2005
45 day letter replied. on :12/29/2005
 
Don't worry too much. I have friend with Jan 2003/RIR/TX still waiting for LC. He has RD of Sep 2003. But , he had a query when the case was in state but later it was approved and moved to Regional queue.

Did your case also receive any query in state.

I have no clue said:
I have noticed LC approvals with PD of mar/apr 2004. any idea when can I expect my LC approval. PD june 2003 / RIR / TEXAS :confused:
Click to expand...
 
dask_1 said:
Ladies and gentlemen,
My Labor got approved today ......just got an email from lawyer...now the wait begins

Thanks

dask_1
PD:01/31/2002
RIR
45 day letter recd. on :12/28/2005
45 day letter replied. on :12/29/2005
Click to expand...

Hi Dask_1,

Congrats on this... if youare EB2 category then you can file your 485 along with I-140 as per latest visa bulletin. Can you tell us which State you filed from ? Was there any RFE or query from State ?
Thanks
 
Ji All,

Is it still possible to find "case source" ? I've never sent a request for screenshot since I have 2+ yrs left on my H1. If the answer is yes, would appreciate if some one can point me how to do it

Thanks

RajWaitingonLCA said:
I sent request to my Attorney...hopefully he/she should get something going.....I told Attorney....if my case source says SWA then Backlog
Raj
Click to expand...
 
No 45-day letters for SWA -- why??

Is it possible that BECs are waiting for the "no labor substitution" rule to kick in and then send the letters, so that employers who are planning on substituting can withdraw thereby reducing BEC workload?

thanks
 
patience13 said:
Hi Dask_1,

Congrats on this... if youare EB2 category then you can file your 485 along with I-140 as per latest visa bulletin. Can you tell us which State you filed from ? Was there any RFE or query from State ?
Thanks
Click to expand...
Here is my INTERESTING story in short.............
1)Labor filed in CA on 12/31/2002 RIR EB-3(PD)

2)RFE from State ....and sent to SFO DOL on 01/15/2003

3)RFE from DOL SFO (got the 3 options letter in OCT 2004)

4)Retest option chosen and replied back On Oct 2004.

5)DOL SFO did not agree and sent it back to DALLAS BACKLOG REDUCTION CENTER :mad:

6)45 day letter recd. on Dec 28 2005 and replied immediately.

7)Labor approved 02/15/2006.
Total LABOR Journey 4 years 15 days........ :eek:
Thanks
 
Hi Quo_vadimus

I sent an request to philly backlog center asking screen shot for 7th year extension.....which any how I needed....sometime in Aug'05, that way I found out my Case Source, when my attorney filled my 7th year extension in Dec'05, Attorney also requested screen shot...both screen shot shows same case source..STATE...

here is email id...of philly....H1B7YR@PHI.DFLC.US

Thanks
Raj

Quo_vadimus said:
Ji All,

Is it still possible to find "case source" ? I've never sent a request for screenshot since I have 2+ yrs left on my H1. If the answer is yes, would appreciate if some one can point me how to do it

Thanks
Click to expand...
 
calabor said:
Is it possible that BECs are waiting for the "no labor substitution" rule to kick in and then send the letters, so that employers who are planning on substituting can withdraw thereby reducing BEC workload?

thanks
Click to expand...

They should have done it long time back . It would have avoided the unnecessary stupid 45-day letter. 45 day letter is just an overhead to the process. If "no labor substitution" rule comes, they will just certify/ deny the case, if the employer want to use it for the designated employee he can use it, otherwise just throw it in the garbage. No to 45 day letter can speed up the things greatly. They started it because, they assume that 50 % case employers will be notiy that no intention of continue the LC. But it was not the case. But by the time they feel that this 45-day letter is a stupid idea, they started for implementing this no labor substitution" rule . But in the mean time some lawyers and consulting companies lobbied againt it.

Then the DOL realized that Backlog Elimination was not going any where, so they decide to activate it now. It will be good to dallas BEC, since Dallas BEC didn't concentrate on 45-day letter . But to certify the Regionla and RIR cases to reduce the Backlog.
But Philly BEC is in total mess now. They concentrate more on the 45-letter and less certification at all. And working more time printing, stamping, updating the database, sending , stamping, closing case, reopening the case,
recieving the letter, opeing the letter, updating the case, closing case, reopening the case, etc etc.
 
Friend's approval

One of my friends got his labor approval in Feb 1st week. His details are

WI/EB3/RIR
PD - Feb 2004
RD - Dec 2004
45 day letter - Mar 2005
LC approval - 1st week of Feb 2006
 
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