Dallas Backlog Elimination Center Tracking

Approval

Immi_Seeker said:
Congratulations.

What are the first 6-7 digits of your ETA #. It would help me and others to see if it is any close to ours.
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My case also shows as approved from friday. I wanted to know when will the lawyer and the HR get the approval letter. I have moved and also i have given change of address. i havent received the approval letter till now. will i get it. Also i e-mailed my lawyer and HR about the approval. But they havent received it i think.Any inputs how long will it take for them to get it.
Thanks in advance.
 
Chocolate said:
My case also shows as approved from friday. I wanted to know when will the lawyer and the HR get the approval letter. I have moved and also i have given change of address. i havent received the approval letter till now. will i get it. Also i e-mailed my lawyer and HR about the approval. But they havent received it i think.Any inputs how long will it take for them to get it.
Thanks in advance.
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congrats chocolate, now as per ur name time to eat some chocolate for you!
 
How to deal with Notice of Findings on Prevailing Wage

Please help....

My lawyer and I both receive a NOF letter from Dallas BEC stating that my salary at the time of filing the application is lower than the prevailing wage, so the BEC wants a rebuttal or amendment of the ETA750 form. My attorney thinks this is a data-entry mistake that BEC puts a wrong Prevailing Wage number under my case. My lawyer and employer have decided to rebut the Prevailing Wage number, since my position should have a much lower prevailing wage requirement according to the reply from BEC agency.

I wonder if anybody has ever experienced this kind of NOF and knows if my atterney's rebuttal will work or not? Is this a very serious issue? The letter says "Intent to deny the application". OMG, after waiting for more than 3 years...

Thanks a lot.
 
Relief and confusion

Days_go_by said:
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congrats chocolate, now as per ur name time to eat some chocolate for you!
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Yes time to do so.But I dont know whether my case is EB3/EB2.As labor application is filed for jobwith BS+5 yrs +4 months exp.It also has details of my Masters and experience after that.the occupation code states 65 % of this job needs bachelors and higher degree also.I dont know what it means by progressive experience.How will i know by seeing the ETA form.Becoz i dont want to lose out on any chance i have of having EB2 labor approval. As my dates are current and i can file 2nd and 3rd stage concurrently.Any inputs.i posted this message several times but had no response.
 
Congratulations

Chocolate said:
My case also shows as approved from friday. I wanted to know when will the lawyer and the HR get the approval letter. I have moved and also i have given change of address. i havent received the approval letter till now. will i get it. Also i e-mailed my lawyer and HR about the approval. But they havent received it i think.Any inputs how long will it take for them to get it.
Thanks in advance.
Click to expand...


Chocolate,
Congratulations on the approval of LC. You might not receive the letter as you have moved. The post office does not forward the letter. I had moved too and though it has been more than a week since my employer and the attorney received the letter, I never received mine. Just ask the employer for a copy for your file. That is what I did. See you at I140 forum.

Kupondole
 
Rebuttal

Gurus,
Please help me with this.
My lawyer sent me Part 750 B " Statement of alien's experoence/qualifications" to sign again.
I dont remember what he did in the very first time.
AFter almost four years of the wating time I was needed to sign Part B.
When I checked with HR they said there was "rebuttal". HR do not know what it means.

As usual lawyer is not responding to my questions.

Can anybody explain what the word " rebuttal" means?
Is it anything real serious?
This was frustrating after 4 years of wait.

My online case status still says " IN Process"
Texanz
 
Last edited by a moderator:
texanz said:
Gurus,
Please help me with this.
My lawyer sent me Part 750 B " Statement of alien's experoence/qualifications" to sign again.
I dont remember what he did in the very first time.
AFter almost four years of the wating time I was needed to sign Part B.
When I checked with HR they said there was "rebuttal". HR do not know what it means.

As usual lawyer is not responding to my questions.

Can anybody explain what the word " rebuttal" means?
Is it anything real serious?
This was frustrating after 4 years of wait.

My online case status still says " IN Process"
Texanz
Click to expand...
"Rebuttal" means that BEC probably sent a Notice of Findings (NOF) to your lawyer/employer regarding some deficiency or issue with your LC, and they are now responding to it with an argument (rebuttal). Although its definitely not that great to get a NOF, it is not catastrophic. Your lawyer is doing the right thing; just keep following up.
 
Post office indeed forwarded my mail and I received letter yesterday

Kupondole said:
Chocolate,
Congratulations on the approval of LC. You might not receive the letter as you have moved. The post office does not forward the letter. I had moved too and though it has been more than a week since my employer and the attorney received the letter, I never received mine. Just ask the employer for a copy for your file. That is what I did. See you at I140 forum.

Kupondole
Click to expand...

I had moved 3 years ago from my old address. Visualizing the BEC trend, I had informed my old post office about the change of address around May-Jun this year. Guess what, it worked! Post office forwarded my BEC letter and I received it yesterday. Thanks to the postal authorities.
 
ma_nonrir_eb3 said:
"Rebuttal" means that BEC probably sent a Notice of Findings (NOF) to your lawyer/employer regarding some deficiency or issue with your LC, and they are now responding to it with an argument (rebuttal). Although its definitely not that great to get a NOF, it is not catastrophic. Your lawyer is doing the right thing; just keep following up.

Thank you for your reply.
Click to expand...
 
no 45-day letter needed??

I'm glad I finally found this place...

My situation is:

EB-2 NON-RIR
priority date: 04-01-2004
Oklahoma

The case has apparently been moved to the backlog center. But I haven't received the 45-day letter yet. :( After I pushed my lawyer for quite a while, she received an email from DOL saying they will not send the 45-day letter because my case has been confirmed active. I do not know how reliable this is because I have never heard of such statement. She also says that the next step is to wait for the recruitement notice... I don't know when...

I'm keeping my fingers crossed.

I already used up 3 years of my H1-B. I have started to really worry about this...what if I used up 6 years and would I be qualified for the yearly extension at that time?...

Why is this taking so long... I feel so frustrated...
 
I have a similar situation. My lawyer told me that the DOL assigns Occupation Category based on the job desc and it does not necessarily has to be a true-close match to the actual job. Also, he said something about DOL uses Federal wage, so it sometimes differ.

Conclusion, he told me that we only get one shot with the DBEC to rebuttal. He said that we can argue on the wage difference but that is most likely going to get rejected. He is suggesting that we take option B and say that that employer is willing to pay the prevailing wage. From what he told me .. the prevailing wage is an INTENTION TO PAY after GC approval .. so the employer can attest it but need not pay you that wage till GC approval ..

let me know what you are thinking on doing and what your lawyer says .. I am still thinking on how to talk to my employer ..

Any comments/suggestion will be much appreciated ..

woden said:
Please help....

My lawyer and I both receive a NOF letter from Dallas BEC stating that my salary at the time of filing the application is lower than the prevailing wage, so the BEC wants a rebuttal or amendment of the ETA750 form. My attorney thinks this is a data-entry mistake that BEC puts a wrong Prevailing Wage number under my case. My lawyer and employer have decided to rebut the Prevailing Wage number, since my position should have a much lower prevailing wage requirement according to the reply from BEC agency.

I wonder if anybody has ever experienced this kind of NOF and knows if my atterney's rebuttal will work or not? Is this a very serious issue? The letter says "Intent to deny the application". OMG, after waiting for more than 3 years...

Thanks a lot.
Click to expand...
 
shading said:
I'm glad I finally found this place...

My situation is:

EB-2 NON-RIR
priority date: 04-01-2004
Oklahoma

I already used up 3 years of my H1-B. I have started to really worry about this...what if I used up 6 years and would I be qualified for the yearly extension at that time?...

Why is this taking so long... I feel so frustrated...
Click to expand...

Since you have your LC pending, you will be able to file H1 extension beyond 6th year. There are many cases where people did not get 45 day letter.
If I were you, I would try and get my employer to file a EB-2 PERM LC (dual filing) if possible.
 
Certified - Letter received

Hi,

See my signature for the status changed during the last one year for trend. ONLINE status Certified as on 09/22. Letter received by me today(09/28).

New thing to know:
If you applied 2 labor and both are in backlog center(same or different), then it seems they are combining. You will receive only one 45 days letter and certification. Latest applied priority date will be applied to your labor certification. This is what happened in my case. Don't know which ETA form received at employer. Yet to receive by them ..
 
My LC certified

Hi Guys:

As per on-line status, my LC is certified. The on-line status was IN PROCESS yesterday. Thank everybody to share information here.

Thomas
 
HuhGC said:
Hi,

See my signature for the status changed during the last one year for trend. ONLINE status Certified as on 09/22. Letter received by me today(09/28).

New thing to know:
If you applied 2 labor and both are in backlog center(same or different), then it seems they are combining. You will receive only one 45 days letter and certification. Latest applied priority date will be applied to your labor certification. This is what happened in my case. Don't know which ETA form received at employer. Yet to receive by them ..
Click to expand...


Congrats.
To your statement that if 2 labors are pending at same or different BEC, then only one cert would be issued. What is the basis for this? Does this also apply to cases where labor was filed by two different employers? Would the earlier app be discarded and the later app priority date be applied?

Can you please clarify.
 
2 labor cases? Anybody?

HuhGC said:
New thing to know:
If you applied 2 labor and both are in backlog center(same or different), then it seems they are combining. You will receive only one 45 days letter and certification. Latest applied priority date will be applied to your labor certification. This is what happened in my case.
Click to expand...


I have two cases one RIR PD 3/14/05 and one NON-RIR PD 6/30/04. Both the cases are identical as far as Job description, Wage etc. except the category. I can check status of my RIR Case online as I have the D- Number but my Non-RIR case number starts with T- so I can not check the Status. I tried putting D- and P- instead of T- It shows:

"No records matched your query, please check the case number."

I never receive the 45 day letter for any of my cases. I am not sure DBEC bother to feed my Non-RIR case data into the system yet. I don't know whether this will cause any delay for my RIR Case approval as well? Anybody in the same boat?
 
2 cases - one certified

Delicateone/NeverGreen,

I don't know much about 2 pending labors to intrepret. I can tell you on what happened in my case..


I had 2 labor cases pending applied by same employer with different BEC's. One received 45 days letter and details as in signature. Another one, applied later, no 45 days letter received with T-XXXX which I cannot see online status. Now the certified covering letter has ETA# D-XXX and has priority date from the later applied one(i.e., T-XXX). My employer hasn't received it yet and he will receive 750B form as attachment. I don't know at this point which 750B is attached to it. I will update forum once I know it.

This made me assume that they are clubbing cases. All the best to you guys.




Delicateone said:
I have two cases one RIR PD 3/14/05 and one NON-RIR PD 6/30/04. Both the cases are identical as far as Job description, Wage etc. except the category. I can check status of my RIR Case online as I have the D- Number but my Non-RIR case number starts with T- so I can not check the Status. I tried putting D- and P- instead of T- It shows:

"No records matched your query, please check the case number."

I never receive the 45 day letter for any of my cases. I am not sure DBEC bother to feed my Non-RIR case data into the system yet. I don't know whether this will cause any delay for my RIR Case approval as well? Anybody in the same boat?
Click to expand...
 
Thomas_WI said:
Hi Guys:

Hi Guys:

As per on-line status, my LC is certified. The on-line status was IN PROCESS yesterday. Thank everybody to share information here.

Thomas
__________________
WI/RIR/EB2
PD: July 2004
Case#: D-05206-*****
45 DL received: July 12, 2006
45 DL replied: July 17, 2006
On-line status: certified on september 29, 2006

Thomas
Click to expand...

Hello Thomas

Congratulations on LC approval, I need a big favor from you, if you look in to my signature, my case# is pretty close to yours, I mean the first five digits, secondly the timing of 45 day letter received and replied are in a cose proximity, if you dont mind can you share one or two more digits of your case number, please.

thank you
 
See my modified signature. Since your case number is so close to mine, you may get yours certified very soon. Good luck.


lotuslamp said:
Hello Thomas

Congratulations on LC approval, I need a big favor from you, if you look in to my signature, my case# is pretty close to yours, I mean the first five digits, secondly the timing of 45 day letter received and replied are in a cose proximity, if you dont mind can you share one or two more digits of your case number, please.

thank you
Click to expand...
 
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