Multiple Labor from Same Employer BLUNDER - BEC Case status is "WITHDRAWN"

TR Case status changed to Withdrawn in Jan , can i submit my applicaion for conversio

Hi All:

I have a TR application dated to march 2002. And I had submitted a separte RIR application in Jan 2005. For the RIR case, I140 has been cleared. I asked my attorney to submit the request for TR to RIR conversion in Jan. When we were about to submit the request, the status was changed to WITHDRAWN and it is still having the same status. My attorney submitted the request in Jan before the deadline but haven't heard anything back from DBEC and neithe rmy status as changed.

Now, my attorney has got in contact with DBEC people. According to the attorney, DBEC told him that they were still doing research on my closed case and that my case wont be allowed to go for conversion.

People who have their case status withdrawn, plz shed some light. Are u going for the conversion and what options we are having.

We received the 45 day letter for my TR case way back in Jan 2006 and replied back immediatly that we want to continue with the case. And it took these horrible lazy unorganized people to change the staus to withdrwan.

I can't understand that why did they change the status of TR cases to withdrwan after these regualtions for RIR conversion were sent out. Why not before it and why shoul dbe still be suffering for their mistakes.

Plz somebody respond.
 
Is it now still allowed to do conversion? I also saw many TR cases certified recently. I don't think it is bad to reopen your case and maybe it will get certified soon, or the worst is before 31, Sept.
 
seemashah said:
Hi All:

I have a TR application dated to march 2002. And I had submitted a separte RIR application in Jan 2005. For the RIR case, I140 has been cleared. I asked my attorney to submit the request for TR to RIR conversion in Jan. When we were about to submit the request, the status was changed to WITHDRAWN and it is still having the same status. My attorney submitted the request in Jan before the deadline but haven't heard anything back from DBEC and neithe rmy status as changed.

Now, my attorney has got in contact with DBEC people. According to the attorney, DBEC told him that they were still doing research on my closed case and that my case wont be allowed to go for conversion.

People who have their case status withdrawn, plz shed some light. Are u going for the conversion and what options we are having.

We received the 45 day letter for my TR case way back in Jan 2006 and replied back immediatly that we want to continue with the case. And it took these horrible lazy unorganized people to change the staus to withdrwan.

I can't understand that why did they change the status of TR cases to withdrwan after these regualtions for RIR conversion were sent out. Why not before it and why shoul dbe still be suffering for their mistakes.

Plz somebody respond.
Click to expand...


Even my July 2001 case is in WITHDRAWN state. My RIR conversion went through couple of months back. However the state changed to WITHDRAWN few weeks later. My9 lawyer sent them an inquiry and all they tell is that my case is valid. They are not providing any insight onto why the case was put in WITHDRAWN state and when will the application be processed ? I'm just left to pray now.
 
Still withdrawn

Still withdrawn inspite of multiple followups from our attorney..Anybody still in that situation?Is there a specific strategy or deadline for DOL to get this fixed. Their 1st Deadline was Dec 1 and they did not even issue a memo after that on this issue.
 
still withdrawn

mine is still withdrawn. I have exhusted all the possible senario to correct the case, but no...anything can be expected from an agency like DOL.
 
Withdrawn --> In Process

Guys,

My EB2 (PD 01/2005) case has been in Withdrawn state for the last 6 months. I've actually lost hope and did not check the status in the last two months. Today I did a check and it was a pleasant surprise to see the status back to IN-PROCESS. I wish all of you who are still waiting to be hopeful and wish you good luck.
 
Need help from those of you who were able to get it fixed through their Attorneys.
What is the exact procedure they followed.Did they contact DOL by phone, email or mail and what did they do.
Did they ever get a response.

Pleae help.
 
LUD ( Latest Update)

lj_rr said:
Need help from those of you who were able to get it fixed through their Attorneys.
What is the exact procedure they followed.Did they contact DOL by phone, email or mail and what did they do.
Did they ever get a response.

Pleae help.
Click to expand...

I am not sure what kind of help I can suggest you. I have done everything, and today the status has been modified to RIR/DATA REVIEW.

These are the steps I have applied since the case turned to WITHDRAWN from December 2006.

1. Once my lawyer received the letter stating the case has been withdrawn, he filed an appeal - didn't work I think.

2. I forced myself in pursuing this case - Senator help - last time I heard from the Senator office was they lost my letter and I am being asked to send another one (that I was preparing to send coming week)

3. I wrote a letter to Labor Secretary stating I wish this case would have been denied rather than looming me like this or show me the cause.

4. I asked my attorney to call BEC. He left 4 messages, no calls were returned as of today.

5. I informed my attorney today that he should just halt it, since the case has been transfered to DATA REVIEW. He ack that he received a call from BEC.

Strong Possiblility: The letter could have helped that I wrote to Labor Secretary. I don't have a format, but I can help you if you need in preparing the one. The mail was delivered by USPS, and I damaged my 39 cents while posting the letter.
 
Hi Labodrags:

Congrats! Atlast your day arrived. I had always been looking for your posts as my case is also in withdrawn state and repeated calls by my attorney's office is falling to deaf ears at DBEC. Plz, can you provide more information about your letter which you have sent out to Labor Secretary. I didnt have the idea that contacting his office might be of some use. I will highly appreciate your help... provide me all details.. his postal address and the contents of your letter.
One more question, when did u send out the letter to Labor secretary?. I hope my labor is cleared before the retrogession hits again.
My email address is seemashah74@gmail.com
 
seemashah said:
Hi Labodrags:

Congrats! Atlast your day arrived. I had always been looking for your posts as my case is also in withdrawn state and repeated calls by my attorney's office is falling to deaf ears at DBEC. Plz, can you provide more information about your letter which you have sent out to Labor Secretary. I didnt have the idea that contacting his office might be of some use. I will highly appreciate your help... provide me all details.. his postal address and the contents of your letter.
One more question, when did u send out the letter to Labor secretary?. I hope my labor is cleared before the retrogession hits again.
My email address is seemashah74@gmail.com
Click to expand...

I cant quite say that my day has arrived. It should have been arrived long ago. I have no regret that it is talking this long. I, of course, have a bad feeling that it is taking this long for sure. I have sent PM to you, please check.

I have consulted my case with Rajiv Khanna, and also with Oh Mathew. Both strongly suggested in contacting the DOL via phone with Lawyers help. I would like to thank both of them with their time and suggestion towards me.

My lawyer once told me that it seems like my case is DEAD. He was suggesting to use the pre-approved labor. If this little development didn't take place, I was already preparing to file one. If your lawyer is not "that" busy, he can probably make few calls to BEC to correct the status. Contacting them and talking to the BEC is always a stong way to get your case resolved I would say.

I don't know if you ever go over my posts or no. But I did file the conversion package as well even the case status at a time was Withdrawn. And I heard that they lost that package, and my lawyer sent another one after it was re-constructed. My lawyer been a big help, as I convienced him that losing this case is to let DOL win it. So, I suggest you to try hard in establishing contact with BEC.
 
Hi LaborDrags,
Your story is inspiring.Same situation here. BEC does not respond to any messages send to them.
Not sure if we can send anything my snail mail.
Did you try anything like that.If yes, pls give details.

Also if possible share the format of the Letter to the Labor secretary. You can just PM me.

Problem is nobody knows which approach worked for them(Phone call,email, snail mail or whether it was fixed automatically)
 
sure, no problem

lj_rr said:
Hi LaborDrags,
Your story is inspiring.Same situation here. BEC does not respond to any messages send to them.
Not sure if we can send anything my snail mail.
Did you try anything like that.If yes, pls give details.

Also if possible share the format of the Letter to the Labor secretary. You can just PM me.

Problem is nobody knows which approach worked for them(Phone call,email, snail mail or whether it was fixed automatically)
Click to expand...

I strongly believe my 39 cents letter approach to Elaine did work, as my lawyer got multiple calls from the CO, updating the status, and when it will be getting the final determination. I am not too hopeful that I will have it approved in few weeks. I will have to follow up with my attorney.

I dont have any format, as I prepared the same day and posted the same day to console my mental imbalance which was very much bumpy and was driving me in air sometimes and in ground other times.

Anyways, I can prepare one and send it to you guys, I think seema also wants to have one. But I need to go thru your case to see why it was given a withdrawn status. I sent PM to her, but didn't include the format, but simply was asking to educate me in her case details.
 
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