Multiple Labor from Same Employer BLUNDER - BEC Case status is "WITHDRAWN"
- Thread starter easygoing
- Start date
another_fella
Registered Users (C)
Here you go:
1. If you have completed 6 years of H1, then with the approved "Perm Labor + 140", you get 3 year h1 extensions. If you stay with old BEC labor, and it is not approved yet, you get 1 year yearly extensions at a time after initial 6 years. At the end of 7th year you have to apply for 8th year and so on.
2. If your old labor is EB3 and you manage to file new PERM labor under EB2 then you have the option of using older labor's PD for the EB2 application while filing 485. In order to do this you should have both "Old BEC Labor + 140 " and new "PERM labor + 140" approved.
3. To use the old BEC labor's PD either you should have the 140 approved for that or port old Labor's PD to new Perm Labor at the time of filing new PERM labor. Porting PD from old Labor to new PERM Labor at the time of filing the new PERM labor needs to be treated with extreme caution since there is a risk of losing the Old PD all together in this process.
You may want to spend sometime reading through the posts here in order to get yourself drowned in these details before you swim to the shores.
Hope this helps you to get started with the process.
1. If you have completed 6 years of H1, then with the approved "Perm Labor + 140", you get 3 year h1 extensions. If you stay with old BEC labor, and it is not approved yet, you get 1 year yearly extensions at a time after initial 6 years. At the end of 7th year you have to apply for 8th year and so on.
2. If your old labor is EB3 and you manage to file new PERM labor under EB2 then you have the option of using older labor's PD for the EB2 application while filing 485. In order to do this you should have both "Old BEC Labor + 140 " and new "PERM labor + 140" approved.
3. To use the old BEC labor's PD either you should have the 140 approved for that or port old Labor's PD to new Perm Labor at the time of filing new PERM labor. Porting PD from old Labor to new PERM Labor at the time of filing the new PERM labor needs to be treated with extreme caution since there is a risk of losing the Old PD all together in this process.
You may want to spend sometime reading through the posts here in order to get yourself drowned in these details before you swim to the shores.
Hope this helps you to get started with the process.
mans22 said:
ok got it. so in short even after filing new perm case (not coversion) one still has to get old bec labour and I 140 approved. perm and perm i 140 would just be a cushion.
anyways 8 th yr renewal is coming up in march 2007 .
Labour PD is Dec 2004 originally from Iowa -- trfd to Dallas Bec. Is it likely to get the labour and I 140 (premium) before that ?
Company HR told they had recd some RFE for the company location -- regd all their labour applicants. the dept had on their records OK instead of IO. they repled a mth or so back . so does that mean our approval is due soon or is the RFE a problem ? since it was for Comany location, i am thinking it shoulnd't be that bad.
anybody's input would be appreciated. i know have to make the final decision.
Thanks.
anyways 8 th yr renewal is coming up in march 2007 .
Labour PD is Dec 2004 originally from Iowa -- trfd to Dallas Bec. Is it likely to get the labour and I 140 (premium) before that ?
Company HR told they had recd some RFE for the company location -- regd all their labour applicants. the dept had on their records OK instead of IO. they repled a mth or so back . so does that mean our approval is due soon or is the RFE a problem ? since it was for Comany location, i am thinking it shoulnd't be that bad.
anybody's input would be appreciated. i know have to make the final decision.
Thanks.
mingxu_2006
Registered Users (C)
status changed to "in process" starting Nov 21 morning. thanks all.
Hangin2001
Registered Users (C)
easygoing said:
My case status is still "WITHDRAWN". It has been about 3 weeks now. I guess they are working on it and will get there eventually. Some of us lucky ones have their cases re-instated.
BEC approved wrong ETA (mixed two files & Approved non -RIR without recruitment),
My Labor was filled as a EB2 RIR in 2002 requiring BS+5 years or Masters + 3 years, then it went to DOL Regional and then to BEC. In 2004 my division was acquired by another big company so new company filled all necessary paper work (Successor in interest etc). Also by mistake from Attorney office a non-RIR new ETA form was submitted to state agency with EB3 requirement, BS+2 years and everything else was copied from old ETA. Both were in BEC, in August/Sep this year there was one 45DL and then Approval.
We find out that Approval has PD of old ETA (2002) but approved ETA form is the one which was submitted two yars later in 2004 as NON-RIR with EB3 requirement (by mistake), And strange thing is that there was never a recruitment request from BEC/DOL for non-RIR case, Probably they mixed the two files at the time of data entry.
Because this was done as a mistake from Attorney office and then BEC/DOL made another mistake approving case without recruitment. As original case was filled as RIR and recruitment was done for that as a EB2 case. If BEC approved case based on the recruitment on file then Do you think that they should have approved old EB2 ETA.
My attorney sent an email request to BEC justifying that the recruitment were conducted for EB2 case so BEC should correct the ETA form and send original RIR EB2 ETA approval. And mentioned that the ETA which was approved by BEC was a NON-RIR and there was no recruitment done for that case so it should not be approved. There may be more detail but I don't have more information about the email.
Considering that whatever be the situation this case is already approved, What are the chances:
1) Do you think sending an email is appropriate thing in this case?
2) Is BEC going to cancel the approved labor and then look at the file again?
3) Is BEC going to reopen the case? Or As all processing is done on the case and now they will just send another ETA form?
4) Are they going to listen to the argument made by attorney?
5) Are they going to re-open the case and will work on this from start and will take years to get back?
6) Why BEC will not come back and ask attorney that you submitted new ETA form with EB3 requirements after the EB2 was filled so the last info must be correct and now we will consider this case as EB3? But then BEC will take years because they have to request for recruitment from employer, in that situation is it a mistake to even contact BEC about this, are there chances that it will be considered as non-RIR and the old RIR case will be closed?
7) Any other suggestion?
Information I provided are based on my conversation with Attorney I have not seen any document other than the Original ETA forms submitted by previous company so there may be more which I don't know but my attorney knows.
My Labor was filled as a EB2 RIR in 2002 requiring BS+5 years or Masters + 3 years, then it went to DOL Regional and then to BEC. In 2004 my division was acquired by another big company so new company filled all necessary paper work (Successor in interest etc). Also by mistake from Attorney office a non-RIR new ETA form was submitted to state agency with EB3 requirement, BS+2 years and everything else was copied from old ETA. Both were in BEC, in August/Sep this year there was one 45DL and then Approval.
We find out that Approval has PD of old ETA (2002) but approved ETA form is the one which was submitted two yars later in 2004 as NON-RIR with EB3 requirement (by mistake), And strange thing is that there was never a recruitment request from BEC/DOL for non-RIR case, Probably they mixed the two files at the time of data entry.
Because this was done as a mistake from Attorney office and then BEC/DOL made another mistake approving case without recruitment. As original case was filled as RIR and recruitment was done for that as a EB2 case. If BEC approved case based on the recruitment on file then Do you think that they should have approved old EB2 ETA.
My attorney sent an email request to BEC justifying that the recruitment were conducted for EB2 case so BEC should correct the ETA form and send original RIR EB2 ETA approval. And mentioned that the ETA which was approved by BEC was a NON-RIR and there was no recruitment done for that case so it should not be approved. There may be more detail but I don't have more information about the email.
Considering that whatever be the situation this case is already approved, What are the chances:
1) Do you think sending an email is appropriate thing in this case?
2) Is BEC going to cancel the approved labor and then look at the file again?
3) Is BEC going to reopen the case? Or As all processing is done on the case and now they will just send another ETA form?
4) Are they going to listen to the argument made by attorney?
5) Are they going to re-open the case and will work on this from start and will take years to get back?
6) Why BEC will not come back and ask attorney that you submitted new ETA form with EB3 requirements after the EB2 was filled so the last info must be correct and now we will consider this case as EB3? But then BEC will take years because they have to request for recruitment from employer, in that situation is it a mistake to even contact BEC about this, are there chances that it will be considered as non-RIR and the old RIR case will be closed?
7) Any other suggestion?
Information I provided are based on my conversation with Attorney I have not seen any document other than the Original ETA forms submitted by previous company so there may be more which I don't know but my attorney knows.
indianpresent
Registered Users (C)
New PERM and I-140, Old still pending
Hi All,
As most of you have approved PERM while an old case is pending at BEC, did you go ahead with I-140 for the PERM case ? Any one out there planning to port the old PD ? Anyone talked to his/her lawyer about proper steps to port pd ?
Thank you all
Hi All,
As most of you have approved PERM while an old case is pending at BEC, did you go ahead with I-140 for the PERM case ? Any one out there planning to port the old PD ? Anyone talked to his/her lawyer about proper steps to port pd ?
Thank you all
manwithnoname
Registered Users (C)
indianpresent said:
To port the old PD you need to use the approved BEC LC to file an I-140 and get it approved. If the PERM labor is for a different employer, yes, you need to file I-140 for this employer too.
Further Bad news
I told my lawyer that my case was showing withdrawn. they sent an email to DOL, they should not have sent. any how. i got the below response.
I talked to my lawyer. he said, they have received original 750 form back and he was not sure, how DOL is going to fix this mess. Even if they fix, process will be a lengthy one. let us say DOL makes case as INPROCESS, lawyer has to resubmit the papers again.
So no near hope for labor certification
Response from DOL
The Philadelphia Backlog Elimination Center has evaluated your request to reopen a closed case referenced in the e-mail request below. We regret to inform you that your request is denied for the reason(s) checked below:
__X__The case was voluntarily withdrawn by either the employer or attorney/agent
____The case was closed because the response to the Center Receipt Notification Letter (CRNL) was postmarked after the 45 day period. If you can establish that you responded in a timely manner, please notify the BEC processing your application by U.S. mail, attaching this e-mail and proof of timely response. Please clearly label the envelope and letter “ATTN: Case Reopen Team” and retain proof of mailing.
____The case was closed because the response to the CRNL letter was not complete
____The case was closed for late or insufficient response to BEC correspondence other than the CRNL
____Other (please describe):
Thank-you,
Philadelphia BEC
I told my lawyer that my case was showing withdrawn. they sent an email to DOL, they should not have sent. any how. i got the below response.
I talked to my lawyer. he said, they have received original 750 form back and he was not sure, how DOL is going to fix this mess. Even if they fix, process will be a lengthy one. let us say DOL makes case as INPROCESS, lawyer has to resubmit the papers again.
So no near hope for labor certification
Response from DOL
The Philadelphia Backlog Elimination Center has evaluated your request to reopen a closed case referenced in the e-mail request below. We regret to inform you that your request is denied for the reason(s) checked below:
__X__The case was voluntarily withdrawn by either the employer or attorney/agent
____The case was closed because the response to the Center Receipt Notification Letter (CRNL) was postmarked after the 45 day period. If you can establish that you responded in a timely manner, please notify the BEC processing your application by U.S. mail, attaching this e-mail and proof of timely response. Please clearly label the envelope and letter “ATTN: Case Reopen Team” and retain proof of mailing.
____The case was closed because the response to the CRNL letter was not complete
____The case was closed for late or insufficient response to BEC correspondence other than the CRNL
____Other (please describe):
Thank-you,
Philadelphia BEC
kalan99: This is answer to your question:
***********************************************************
The following information was provided by DOL to AILA-DOL Liaison Chair Susan MacLean:
"As a follow up to the November 15, 2006 'What’s New', The Office of Foreign Labor Certification has received reports that some employers/attorneys were sent back an original 750 with the inadvertent withdrawal. Since the Backlog Elimination Centers (BECs) have a second original 750 for these cases, the case will continue to be processed. The employer/attorney does not have to take any action at this time. In the unlikely event that the BEC requires the first original 750, the employer/attorney will be notified."
****************************************************************
In my case also they returned the original 750 to the employer but just couple of hours before my status became IN PROCESS...
Ya one more important thing, I am going ahead and applying to convert my application to RIR (from non RIR). I think that this is the best time to do so as the case is on table and may get approved soon. Any thoughts?????
***********************************************************
The following information was provided by DOL to AILA-DOL Liaison Chair Susan MacLean:
"As a follow up to the November 15, 2006 'What’s New', The Office of Foreign Labor Certification has received reports that some employers/attorneys were sent back an original 750 with the inadvertent withdrawal. Since the Backlog Elimination Centers (BECs) have a second original 750 for these cases, the case will continue to be processed. The employer/attorney does not have to take any action at this time. In the unlikely event that the BEC requires the first original 750, the employer/attorney will be notified."
****************************************************************
In my case also they returned the original 750 to the employer but just couple of hours before my status became IN PROCESS...
Ya one more important thing, I am going ahead and applying to convert my application to RIR (from non RIR). I think that this is the best time to do so as the case is on table and may get approved soon. Any thoughts?????
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I have a question gurus.
My eb3 labor(sub) was approved and filed i140 and i485. i140 is also approved.
Im thinking to file perm eb2 labor and i140 with old priority date and to use same i485. Do you feel it is safe... after seeing "withdrawel notice" im bit concerned. Are you getting withdrawn notice for the pending labor applications.
thanks
My eb3 labor(sub) was approved and filed i140 and i485. i140 is also approved.
Im thinking to file perm eb2 labor and i140 with old priority date and to use same i485. Do you feel it is safe... after seeing "withdrawel notice" im bit concerned. Are you getting withdrawn notice for the pending labor applications.
thanks
manwithnoname
Registered Users (C)
Here is an update on the withdrawn BEC cases from immigration law website: