Indiana SWA tracker

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talked to my company system analyst about 45-day letter. the answer is nothing for me..... still waiting... and praying....

she also gave me a lesson about cotacting BEC which delayed the process... :p blah blah blah.....
 
misunderstood said:
Sleepless, is the following possible...?
Dallas BEC continues the existing work method of entering cases and adjudicating cases in parallel.
Right now, not in FIFO order since not all cases are entered in yet.
But when all the abbreviated entries are complete, then FIFO kicks in and Indiana cases get to be picked up for processing. This is assuming that BEC sends out the 45 day letters after finishing the abbreviated entry..
If not, then I don't know when and the where the end to this fiasco is...finish entering in abbreviated form just to get case traceability, then start the whole cycle again, to complete entries, then the 45 day letter, then our reply, ...and so on...?


then my question to BEC is that how long will it take them to enter all the abbreviated entries? I got the temporary case # in May. Till now, I still don't see any 45-day letter..... I wonder if there might be millions of those entries for them to enter for 1 case.
 
BPC Tracker

The tracker can be found at:

http://boards.immigrationportal.com/showthread.php?t=161571

Today I added the 600th record to the tracker.

There are 419 records for people that made to Regional DOL
The rest are SWA records which tells me SWA people are still underrepresented in the tracker.

The tracker includes reports that may answer some of your questions so do please take the time to look at the reports.

I would also encourage you to review your info and post updates especially if I have missed your 45-day letter.

Good luck everyone.

JustWatching
 
Letter to senator

Hi Guys, My RIR PD oct 2002, & and friend in the same office RIR june 2001. Our swa cases never went regional, as of today, no T/D # or 45 days letter.
We have dual pending AOS which were self petetions as physicians serving in a medically underserve area for 5 years commitment, so our self petetion NIW 140 are approved pending completetion of 5 years for AOS.
The employer sponsored so called fast track RIR-140/AOS never reached beyond swa.

Fortunately employer is our partner in a physician group,We contacted senator's office and senator is willing to pursue with dallas bec personaly. senator is Mr. Evan Bayh.
I want to contact senator either in person or atleast through a telephone conversation followed by paper based evidence about Dallas BEC unequalities for not yet processing the most back log SWA cases esp when they claim that BEC's are to streamline the backlog cases solely on the bases of FIFO.
I review the tracker every night, do have pretty good immigration knowledge, but donot have time or words to put togther.
If I will be pursuing I will be talking for whole indiana SWA cases not for just mine or my friend.
Any help /links/notes appreciated.
 
IndianaVictim - Senator

IndianaVictim, it is great you have the opportunity to be heard by the Senator. Myself and one of my collegues are both Computer Professionals who had a PD date of Nov 2001 RIR and of course did not make to the regional center.
We too have not heard anything from the Backlog center. As our families are getting older we are now at the point of some really tough decisions as our wives are tired of having their careers on hold(jobs not applicable for any visa) as well as our children are at to the age where they are able to work, but cannot. I am sure I am not the only one in the single income family group that is feeling the preasure. I truly hope that the senator can do the right thing here as many of our lives as well as our family members have been under a large amount of stress because of this mess.
 
yes it would be nice if you could talk to the Senator himself.

My application was filed in May 1st 2001. Never make it to regional. I filed RIR under EB3. I work in computer area.

I received the temporary case number early May 2005 but that only means that my case is not lost. I still have not received the 45-day letter BUT others people have gotten their LC approved.

I am on my 8th year H1B extension.

Yes, I totally agree that we can't buy a house or have a kid since we don't know where we will be tomorrow. The scariest thing is that I am on my 8th H1B extension, and might have to pack and leave this country tomorrow if I get laid off. I can't really apply other position within the company since the other jobs are located outside Indiana. Can't get promotion or find another opening in both my company and in Indiana State. Totally frustrated!

So Please, let the Senator know! thank you very much
 
Does anyone know where our cases are?

I send an e-mail today to Dallas BEC and I got an automated e-mail:

Dear Requestor,

You have reached the Dallas Backlog Elimination Center status inquiry mailbox. At this time, we are unable to provide status information on Permanent Labor Certifications. All Dallas Backlog Elimination Center files are being transferred to a new automated system. Once the data entry process is completed, a 45-Day Letter and Selection of Continuation Option letter will be issued on all applications providing a new case ID number and may request additional information from the employer.

If your request is in reference to the following, if acceptable, we will update your information as requested:

Address updates for attorney, employer, or alien
Change of attorney (or attorney address changes)

Aliens seeking status must contact their employer or attorney to obtain information.

For frequently asked questions, please visit the following Internet website:

http://atlas.doleta.gov/foreign/faqs.asp

To obtain general information regarding transfer times, please visit the following Internet website:

http://www.workforcesecurity.doleta.gov/foreign/times.asp

To obtain general information regarding the PERM System, please visit the Internet website below or use the e-mail address provided:

www.plc.doleta.gov

PERM.DFLC@dol.gov

There is no need to submit multiple requests. If you have not already received one, the next notices that you will receive from this office will be a 45-Day Letter and a Selection of Continuation Option letter.

If you are requesting a 7th year extension to an H-1B visa, please send an e-mail to:

h1b7yr@dal.dflc.us

Your patience is appreciated.



Any idea how can I reach them by e-mail?
 
Response from e-mail to Secretary Chao

All,
Here is the response I received to the e-mail I've sent to Ms. Chao.Same old bull shit nothing new !!!

Your inquiry to Secretary of Labor Elaine L. Chao was referred to this office for reply. The Division of Foreign Labor Certification in the Employment and Training Administration (ETA) is responsible for administering the Department’s Foreign Labor Certification Program.



As part of our efforts to improve the processing of permanent labor certification applications, the State Workforce Agency or the Regional Office should have sent this application to the ETA Backlog Processing Center. The employer or its representative will know processing of this case has begun when the Center issues a "45-day letter” to the employer or its representative asking if it wishes to continue with the processing of the application. Additionally, the letter will notify the employer or its representative if any information from the application is missing. The employer or its representative will be given 45 days from the date of the letter to respond. If the employer or its representative fails to respond, the application will be closed.



We regret that there is such a large number of backlogged cases and empathize with your situation. However, in the interest of fairness and consistency, applications are processed in the order of their receipt and cannot be expedited based solely on the needs of individual employers or aliens. This avoids inequities that can arise when attempting to determine the relative merits of literally thousands of applications.



ETA has established two Permanent Program Backlog Centers in accordance with an interim final rule we published in the Federal Register on July 21, 2004. The rule allows us to consolidate state and Federal functions of the application review process into centralized locations. Additional resources were requested from Congress in FY 2005 so that we may continue work on eliminating the backlog. Congress was not able to provide the full amount of funding requested. We estimate with adequate resources, it will take approximately 24-30 months to eliminate the permanent program’s backlog of cases. This new timeframe and consolidated approach to processing favorably compares to our old method which may have required a period of four or more years to reach and process a case.



To further improve the operations of the permanent labor certification program, ETA implemented a new re-engineered permanent labor certification program on March 28, 2005, as published in a final regulation on December 27, 2004. We believe the new program will improve services to our various stakeholders.



DOL has worked with CIS to set up a new system in the Backlog Elimination Centers to assist individuals who have submitted an application for permanent labor certification prior to March 28, 2005 and need proof of the submission to apply for an extension of an H-1B visa.



Individuals should send an e-mail to the appropriate Backlog Center explaining the need for the H-1B extension and requesting verificatio that their application is pending at the Center. The e-mail addresses are h1b7yr@dal.fdflc.us for the Dallas Center and h1b7yr@phi.dflc.us. for the Philadlephia Center. Please include all pertinent information (employer name and address, alien Name and address, date of filing, state where filed, and case number if known).



The Center will respond to your request with verification that the application has been pending for 365 days.



I hope that this information is helpful
 
OhCanada said:
IndianaVictim, it is great you have the opportunity to be heard by the Senator. Myself and one of my collegues are both Computer Professionals who had a PD date of Nov 2001 RIR and of course did not make to the regional center.
We too have not heard anything from the Backlog center. As our families are getting older we are now at the point of some really tough decisions as our wives are tired of having their careers on hold(jobs not applicable for any visa) as well as our children are at to the age where they are able to work, but cannot. I am sure I am not the only one in the single income family group that is feeling the preasure. I truly hope that the senator can do the right thing here as many of our lives as well as our family members have been under a large amount of stress because of this mess.

I have a daughter who will be out of age or overage for H4 in another 3 years, and it doesn't look like the Indiana cases will be covered by then. Next will be retrogression. Better look for jobs/houses in India and be prepared. I don't even have a home to go to in India, leave alone a job :(
 
misunderstood said:
#3611 23rd June 2005, 12:17 AM
GCpossible
Registered User Join Date: Jun 2005
Posts: 3

state cases

--------------------------------------------------------------------------------

My lawyer told me that state cases are in a mess. State worker were not following the requirements by DOL to pack those cases, (in an understandable way), since most of them will be laid off after tranferring those cases.
Cases are reaching BPC out of order...

What :confused:
Cases are still being sent to the Backlog centers? :eek:
 
Another action

Hi,

Today, I asked my HR manager & my boss to write separate complain letters to Dallas BEC head. The letter stated that it is harmful and unfair for our Indiana employee to wait for such long time to get LCA processed. It will block the future of company's development and ruin the enthusiastic working mood of the employee.

I strongly encourage every victim to ask your employer to take the same action now.
 
Indiana Senator office rep(not senator) has contacted the Dallas BEC according to my best knowledge, on last thursday, and it was through general email @ infor dallas one.
I think the best outcome would be a telephone call initiated by senator speaking to person incharge of Dallas BEC to raise our genuine concens.
Folks I am still working on it. I am very optimistic of a good outcome.I am trying to get a appointment with senator inperson and will arrange to take the company President CEO our partner & petetioner to pursue the case.
I also suggest u guys to contact the senator office either directly, by letter or atleast via email. Just simply tell them most backlog swa cases were from Indiana, Backlog ctr are to remove the backlog of older cases first on FIFO bases, how come a 2001 case still pending and a 2002 cases processed no matter what ever the reason. If u are waiting in a half hr long queue to buy a movie ticket will mind if some one jump ahead or get piroritize for a service, Damm its a 3 pus year long wait queue, how come some a year or longer behind u get benifits before u. Contact office with concerns rather then negative criticism of DOL.
Indiana state has 2 senators, I went through democratic Mr. Bayh one,http://bayh.senate.gov/svcs_const_asst.html
repulican one is Mr. Lugar http://lugar.senate.gov/services.html
Choice is yours.
I will keep u posted, I belive our efforts will be sucessful as our concerned are genuine ture.
Thanks
 
Thanks Sleepless_in_IN,
I have submitted this letter using the link below.

applied on September 5 2002.
I have applied Canada PR last year and I received the PR and landed to Canada last week. I am getting tired of waiting this labor and If I do not hear anything in one year, I will move Canada.




sleepless_in_IN said:
If he gets a letter from at least 10 of us, then if "IndianaVictim" does meet him the issue will have more weight.



Link to Email the Senator on Personal/Immigration Issues:

http://bayh.senate.gov/CaseForm.html


This is my letter (feel free to copy the format):

Dear Senator Evan Bayh
<Enter Company Name> in <Enter City> Indiana has filed a Labor Certification application for me in <Enter Priority Date>. This was pending at the State of Indiana till January of 2005 when it was shipped to Dallas with all backlogged applications, to be worked on in a “First In First Out” (FIFO) basis once a 45 day continuation letter is received.

However there are numerous reports that applications filed in 2002 & 2003 (much after my application) have gotten a continuation letter and also have been processed, before all of us in Indiana. Indiana is one of the most backlogged States however our cases are not being processed, even though they are older than the cases being processed right now. This is causing a lot of hardship on us, our employers and also causing many highly qualified individuals to move out if Indiana to other States.

If there is anything you can do to ensure that Indiana cases are treated fairly and processed per FIFO it would be much appreciated.

Regards,
 
Letter to Senator

Thanks Sleepless_in_IN
I have sent a similar letter to Senator Bayh today. I will also send a copy to other Senator. Lets hope someone will help us.

Thanks
sleepless_in_IN said:
If he gets a letter from at least 10 of us, then if "IndianaVictim" does meet him the issue will have more weight.



Link to Email the Senator on Personal/Immigration Issues:

http://bayh.senate.gov/CaseForm.html


This is my letter (feel free to copy the format):

Dear Senator Evan Bayh
<Enter Company Name> in <Enter City> Indiana has filed a Labor Certification application for me in <Enter Priority Date>. This was pending at the State of Indiana till January of 2005 when it was shipped to Dallas with all backlogged applications, to be worked on in a “First In First Out” (FIFO) basis once a 45 day continuation letter is received.

However there are numerous reports that applications filed in 2002 & 2003 (much after my application) have gotten a continuation letter and also have been processed, before all of us in Indiana. Indiana is one of the most backlogged States however our cases are not being processed, even though they are older than the cases being processed right now. This is causing a lot of hardship on us, our employers and also causing many highly qualified individuals to move out if Indiana to other States.

If there is anything you can do to ensure that Indiana cases are treated fairly and processed per FIFO it would be much appreciated.

Regards,
 
BEC info from an attorney site

Backlog Elimination Center (BEC) Update (06-27-2005) [Top]
The BEC (previously known as BRC) has data entered approximately 200,000 of**the pending 360,000 cases.* BEC expects to receive all cases by June 30, 2005.*
The goal is to have data entered all these cases by September 30, 2005.*
The Department of Labor (DOL) hopes to then post some information on the website about these cases, i.e. processing times.* However, some of the cases are being data entered with only skeletal information – not the complete information.*
Until the complete case is data entered, a 45-day letter is not issued.
BEC in Dallas is currently processing California cases with receipt dates (not PD dates) at DOL in San Francisco of May to July 2003.
 
I got a mail from Senetor Evan Rep. and He/She will be happy to contact agency officals (DAL DOL) on my behalf. The letter asks me fill and sign Consent Form and send to senetor's office. I am suprised to get this letter after sent the web mail to explain my concern.



psjv said:
I've sent mine via the link provided.
 
Indiana Cases

I have also got the same letter from Senator's office. I agree with them that they need us to sign this consent form and send them. It is basically giving them permission from us tro speak to DOL about our cases. Else DOL may question them whay are they asking for our cases details. So I would say, please send the consent form immediately and we all should followup with this office.
Thanks

uludom said:
I got a mail from Senetor Evan Rep. and He/She will be happy to contact agency officals (DAL DOL) on my behalf. The letter asks me fill and sign Consent Form and send to senetor's office. I am suprised to get this letter after sent the web mail to explain my concern.
 
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