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Time to approve LC after the final Request's response !!.

Gurus,
Does any body has any idea on how much time it will take for the DOL to approve the case after we received a final request from DOL for the case and sent a response to it ?. Neither the company nor the DOL has received any Resumes for the job posted in newspapers and the job site ( www.ajb.org).
Case details. DOL requested us to send us a final request letter to approve the case. Since my priority date is current to file I-485 will they consider my situation and approve my case early .
Priority Date : 02/22/2004.
Case # : D-05192-XXXXX
State : C.A.
Category : EB2.
Case Type : TR.
 
not received 45-day letter

Friends, I am new to this forum...

Just few days back I found out from my employer that they haven't received the 45-day letter(for my case) from DBEC yet. My PD is Jan'2003. I don't even know my case number assigned by the BEC. I know only the case number assigned by the SWA. My employer sent email to "nobeccontact" requesting my case status. But, the email immediately got bounced back. Apparently this email address is no longer in use. He also contacted 214-237-9111(DBEC), but the lady who picked up the phone transferred him to an automated messaging system where it asked him to send email to H1B7YR@dal.dflc.us or nobeccontact email address, which he already did. The next time when he contacted the DBEC number, the lady at the other end asked him the case number. When he told her that he doesn't have a case number, she asked him to ask our attorney contact them. My employer already contacted the attorney, but the attorney is taking his own time to contact the DBEC. I am really going through too much of mental agony. I never thought that I will land in this situation. I just read an official FAQ from DOL saying that the employers who haven't received the 45-day letter by Jul'2006 should have contacted the BEC by Oct'2006. In my case we failed to contact them. It looks like now I am in deep trouble. I don't know what other options I have now. I am sure you guys can help me with ideas and advice. Your advice would greatly help me to come out of this crisis.

Also, does anybody out there like me without receiving the 45-day letter? Please help me with your advice.
 
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ulg72 said:
Friends, I am new to this forum...

Just few days back I found out from my employer that they haven't received the 45-day letter(for my case) from DBEC yet. My PD is Jan'2003. I don't even know my case number assigned by the BEC. I know only the case number assigned by the SWA. My employer sent email to "nobeccontact" requesting my case status. But, the email immediately got bounced back. Apparently this email address is no longer in use. He also contacted 214-237-9111(DBEC), but the lady who picked up the phone transferred him to an automated messaging system where it asked him to send email to H1B7YR@dal.dflc.us or nobeccontact email address, which he already did. The next time when he contacted the DBEC number, the lady at the other end asked him the case number. When he told her that he doesn't have a case number, she asked him to ask our attorney contact them. My employer already contacted the attorney, but the attorney is taking his own time to contact the DBEC. I am really going through too much of mental agony. I never thought that I will land in this situation. I just read an official FAQ from DOL saying that the employers who haven't received the 45-day letter by Jul'2006 should have contacted the BEC by Oct'2006. In my case we failed to contact them. It looks like now I am in deep trouble. I don't know what other options I have now. I am sure you guys can help me with ideas and advice. Your advice would greatly help me to come out of this crisis.

Also, does anybody out there like me without receiving the 45-day letter? Please help me with your advice.
Click to expand...
Welcome aboard to the boat of government incompetence :) It's a normal thing for the DOL to bungle cases and put people through the hoops, so you're not alone.

Since 45-day letter was not responded your case is most certainly closed. To get the case number you need 45-day letter. One can use that case # to check the case status online.

Here's what you need to do. If you are on good terms with your employer explain for him that if they don't straighten this out your H1B will expire and you will not be able to extend it anymore without this LC case. This is not the end of the world and can be easily amended. I've heard several cases on this forum when people's LCA was reopened.

It sounds like that lawyer that you have dealing with your case doesn't do a really good job, nor cares about your case. Depending on whether your employer wants to help you personally, or delegate it to that lawyer, make someone contact BEC via telephone. Don't attempt it yourself, since they won't be talking to an alien. When that lady picks up the phone do not explain all the particulars to her since she is just a receptionist, make them tell her that they did not receive a 45-day letter and that they want her to find an analyst assigned to your case. If she transfers you to an automated system, call back and tell her that you need to speak to a live person. Be insistent.

At the same time, compose several emails to those addresses provided and keep sending them until you hear back from them. (Again, it should be done from your employer's/lawyers's email address.) As far as I know one of the BECs had their system down recently, so maybe that is why the email that you referred to came back.
 
not received 45-day letter

dc2000 said:
Welcome aboard to the boat of government incompetence :) It's a normal thing for the DOL to bungle cases and put people through the hoops, so you're not alone.

Since 45-day letter was not responded your case is most certainly closed. To get the case number you need 45-day letter. One can use that case # to check the case status online.

Here's what you need to do. If you are on good terms with your employer explain for him that if they don't straighten this out your H1B will expire and you will not be able to extend it anymore without this LC case. This is not the end of the world and can be easily amended. I've heard several cases on this forum when people's LCA was reopened.

It sounds like that lawyer that you have dealing with your case doesn't do a really good job, nor cares about your case. Depending on whether your employer wants to help you personally, or delegate it to that lawyer, make someone contact BEC via telephone. Don't attempt it yourself, since they won't be talking to an alien. When that lady picks up the phone do not explain all the particulars to her since she is just a receptionist, make them tell her that they did not receive a 45-day letter and that they want her to find an analyst assigned to your case. If she transfers you to an automated system, call back and tell her that you need to speak to a live person. Be insistent.

At the same time, compose several emails to those addresses provided and keep sending them until you hear back from them. (Again, it should be done from your employer's/lawyers's email address.) As far as I know one of the BECs had their system down recently, so maybe that is why the email that you referred to came back.
Click to expand...
dc2000, thank you so much for your comforting words. It means so much to me.
Even though the official deadline(Oct'2006) for requesting reopen of cases expired, the BEC still reopen cases, right?
 
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ulg72 said:
dc2000, thank you so much for your comforting words. It means so much to me.
Even though the official deadline(Oct'2006) for requesting reopen of cases expired, the BEC still reopen cases, right?
Click to expand...
Listen, don't hold me up to it. I'm not saying it won't be nerve wrecking and may take a month or more to accomplish, but I've seen some people here that have gone through this. Look at signatures of people who post and ask them directly via private messaging. I've never dealt with a closed case myself, they will let you know more details.

Simply from a logical standpoint this is not your fault that BEC sent the paperwork to some other address than yours, if they sent it at all. So, what you have to do now is to pressure your employer to contact BEC and get it straightened out. I'm not saying that they will reopen your case, all I'm telling you that once your employer/lawyer proves that they are still interested in employing you (and that BEC indeed had your paperwork before) they may reopen it. At least it's worth a try...

Good luck and don't waste any time.
 
not received 45-day letter

dc2000 said:
Listen, don't hold me up to it. I'm not saying it won't be nerve wrecking and may take a month or more to accomplish, but I've seen some people here that have gone through this. Look at signatures of people who post and ask them directly via private messaging. I've never dealt with a closed case myself, they will let you know more details.

Simply from a logical standpoint this is not your fault that BEC sent the paperwork to some other address than yours, if they sent it at all. So, what you have to do now is to pressure your employer to contact BEC and get it straightened out. I'm not saying that they will reopen your case, all I'm telling you that once your employer/lawyer proves that they are still interested in employing you (and that BEC indeed had your paperwork before) they may reopen it. At least it's worth a try...

Good luck and don't waste any time.
Click to expand...

dc2000, thanks again for your advice. I shared your advice with my employer. I pray that they should be able to get hold of somebody in DBEC who is willing to help us. Now I have to wait until Tuesday. This long weekend is going to be terrible to me.
 
ulg72 said:
dc2000, thanks again for your advice. I shared your advice with my employer. I pray that they should be able to get hold of somebody in DBEC who is willing to help us. Now I have to wait until Tuesday. This long weekend is going to be terrible to me.
Click to expand...
Man, don't get too much worked up over it. Quite possibly it won't be resolved on Tue. or even before next Sat. As I told you those folks at BECs are very slow and it may take them some time to respond. In any case, even if they say no, you will have an answer (which is 10 times better than no answer at all). At least you'll be able to plan your life around it.

And even if they say that the case cannot be reopened, it may be even better. In that case you'll file it again using a new PERM system and your LC might be certified even before some folks' here on this forum. So cheer up, there's always a way out.
 
not received 45-day letter

dc2000 said:
Man, don't get too much worked up over it. Quite possibly it won't be resolved on Tue. or even before next Sat. As I told you those folks at BECs are very slow and it may take them some time to respond. In any case, even if they say no, you will have an answer (which is 10 times better than no answer at all). At least you'll be able to plan your life around it.

And even if they say that the case cannot be reopened, it may be even better. In that case you'll file it again using a new PERM system and your LC might be certified even before some folks' here on this forum. So cheer up, there's always a way out.
Click to expand...

dc2000, I am really frustrated with the whole process. It is so depressing.

Would I be able to keep my current PD if I file again through PERM? I waited for 4 long years just to see this situation now. :(

Some people say that giving pressure through senators might speed up the process. Do you have any advice on that?

The other thing is, I am in the 7th year extension. I have left just few more months in my extension. In case the BEC say 'no' to my request, will my H1b status be terminated immediately or am I allowed to stay until the end of my 7th year.
 
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ulg72 said:
dc2000, I am really frustrated with the whole process. It is so depressing.
Click to expand...
Yes, I get that way too sometimes. I waited for almost 5 years myself and my H1B will have to go to the 7th year pretty soon as well. But you see, getting frustrated is not really gonna help you much.

ulg72 said:
Would I be able to keep my current PD if I file again through PERM? I waited for 4 long years just to see this situation now. :(
Click to expand...
No. But that process works differently and should not have such a long waiting times.

ulg72 said:
Some people say that giving pressure through senators might speed up the process. Do you have any advice on that?
Click to expand...
Maybe, I never tried it. In my book, it's futile. To be honest with you, I don't think any senator cares about some "small" alien worker who can't even vote for him/her.

ulg72 said:
The other thing is, I am in the 7th year extension. I have left just few more months in my extension. In case the BEC say 'no' to my request, will my H1b status be terminated immediately or am I allowed to stay until the end of my 7th year.
Click to expand...
OK. When is your extension expiring?
 
Well, you still have time. Mine is ....

dc2000 said:
Well, you still have time. Mine is expiring on 2-1-08. If my LCA is denied I plan on filing PERM, but in my case I need to do it with another company.
Click to expand...

dc2000, that situation will not happen to you. I wish you all the best in your LC.
 
LC in DBEC.

Hello All,

My RIR is in DBEC filied in 2004, still pending.
My Perm got approved in April 2007.
I'm in 7th year H1b.

I know I can file my I 140 with perm approved labor, If approved, based on that i can go for 3 year H1 extension.

My question is can i file I 140 based on RIR also in later stage or can i port my priority date from my pending RIR to my perm I140? I can i have 2 140s with the same employer? My only concern is If i use the perm I140 I'll be loosing my priroity date. Is that true? Thats what my attorney told. I can't file more than one I140 with the same employer?

Thanks,
rharan.
 
I have a friend whohad the same situation as yours(He had one TR LC and one Perm LC) and he was able to port a priority date of his older TR application.

But, I think he filed I-140 after both of his labor certifications were approved.

I understand you may need to file I-140 asap . But just wanted to tell what I know.

As far as I know you can only file one I-140 application with the same employer.

Rharan said:
Hello All,

My RIR is in DBEC filied in 2004, still pending.
My Perm got approved in April 2007.
I'm in 7th year H1b.

I know I can file my I 140 with perm approved labor, If approved, based on that i can go for 3 year H1 extension.

My question is can i file I 140 based on RIR also in later stage or can i port my priority date from my pending RIR to my perm I140? I can i have 2 140s with the same employer? My only concern is If i use the perm I140 I'll be loosing my priroity date. Is that true? Thats what my attorney told. I can't file more than one I140 with the same employer?

Thanks,
rharan.
Click to expand...
 
dc2000 & friends,

Today my HR found out from the DBEC that my case is closed due to nonresponse for the 45-day letter. Now my HR rep. sent an email to
reopenrequest@DAL.DFLC.US requesting to reopen my case. Do you know anybody who have successfully reopened their case recently(since Nov'06)
without receiving or replying to 45-day letter?

Since it might take several weeks(possibly months) to get a response from BEC, my employer is planning to file my LC through PERM for some other position. The job duties of this position is not 100% different from the job duties of the position I already used in my pending(BEC) LC application. In other words, there are some job duties common to both the positions. Now my question is,
1) When I file my new LC through PERM, will UBCIS compare the job duties against my pending(BEC) LC application?
2) In that case, will the BEC still consider the two applications, the one pending and the new PERM appln., as two SEPARATE applications or one and the same(due to common job duties)?
3) If they think that both positions are one and the same in terms of the job duties:
- Is there a chance that the DBEC is not going reopen my case?
- Is there a chance of losing my PD(pending LC) if applying through PERM?

Could you please help me with your experience/advice? Thanks so much.
 
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ulg72 said:
dc2000 & friends,

Today my HR found out from the DBEC that my case is closed due to nonresponse for the 45-day letter. Now my HR rep. sent an email to
reopenrequest@DAL.DFLC.US requesting to reopen my case. Do you know anybody who have successfully reopened their case recently(since Nov'06)
without receiving or replying to 45-day letter?

Since it might take several weeks(possibly months) to get a response from BEC, my employer is planning to file my LC through PERM for some other position. The job duties of this position is not 100% different from the job duties of the position I already used in my pending(BEC) LC application. In other words, there are some job duties common to both the positions. Now my question is,
1) When I file my new LC through PERM, will UBCIS compare the job duties against my pending(BEC) LC application?
2) In that case, will the BEC still consider the two applications, the one pending and the new PERM appln., as two SEPARATE applications or one and the same(due to common job duties)?
3) If they think that both positions are one and the same in terms of the job duties:
- Is there a chance that the DBEC is not going reopen my case?
- Is there a chance of losing my PD(pending LC) if applying through PERM?

Could you please help me with your experience/advice? Thanks so much.
Click to expand...


My case was closed due to the same reason mentioned above. But this happenned sometime last September. My attorney sent an e-mail and the case was re-opened on the same day.

As regards your second question about PERM and BEC. I do not think there would be a problem. There are quite a few people who did the same, again you never know when BEC may change it's rules.

In my case they approved the 2004(EB2) and issued an NOF for the 2001(EB3) with an intent to deny the case as one was already approved. But please note that both my cases were in the BEC . Yours would be slightly different one in BEC and the other through PERM.

I am not very sure about your questions on the job duties being the same on both the applications. Anyone who has experience in this should be able to answer.

Hope this helps.
 
cal97 said:
My case was closed due to the same reason mentioned above. But this happenned sometime last September. My attorney sent an e-mail and the case was re-opened on the same day.

As regards your second question about PERM and BEC. I do not think there would be a problem. There are quite a few people who did the same, again you never know when BEC may change it's rules.

In my case they approved the 2004(EB2) and issued an NOF for the 2001(EB3) with an intent to deny the case as one was already approved. But please note that both my cases were in the BEC . Yours would be slightly different one in BEC and the other through PERM.

I am not very sure about your questions on the job duties being the same on both the applications. Anyone who has experience in this should be able to answer.

Hope this helps.
Click to expand...

Thanks so much, cal97. I replied to your private message.
 
Finally the case is certified

PD - Nov 2002/KS/EB-3/TR

45 days letter - Feb 2006
RIR instructions sent - March 26 2007
TR to RIR status on 22nd May 2007
RIR CERTIFIED - 29th May 2007



Any idea how many days does it take to receive the physical letter so we can apply for I-140 and I-485 ?

Thanks
 
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