Non RIR Discussion Only !

45 day letter

PD: August 2001 from CA
remanded back to state as regular: June 2003
45 day letter received: December 23, 2005
letter replied: December 23, 2005
 
Non-RIR Not Advertised - Any approvals ?

Has anyone got an approval (or been asked to proceed with Ad) for a Non-RIR application which was never advertised/transferred to DOL originally ?

Also this website says that the backlog will be eliminated in 24 to 30 months in July 2004, which means backlogs will be eliminated by December 2006. Any thoughts ?

http://workforcesecurity.doleta.gov/foreign/times.asp
 
Gogol75 said:
"Leaving the TR case untouched" means that PERM will be filed as a fresh application and not as a conversion. In such cases, both applications can go in parallel. Ofcourse the PERM aplication will get the PD of when it was filed. DOL is yet to take a decision of such multiple filings.

The advantage of such a approach is that whichever labor is first approved (most likely PERM) can be used for I-140 filing. This would have been a huge advantage had the immigration packet been included in the Budget Reconciliation Bill. But that is history now. All eyes are now on the Immigration Reform Bill slated for February. Who knows what might happen then, and it is always best to have your options open.

If converting to PERM is risky (especially for folks past the 6 years of H1B), filing a fresh PERM (as long as DOL is undecided) is a good option.
Click to expand...

Hi Shagua, Gogol75, Tarikida,

As Gogol75 stated, my lawyer will indeed keep my TR case as it is with the old PD of Nov 2001. So, I am not converting my TR case that is pending at the DBEC. My PERM case will be filed as a new application for a different position in the same company.

Thanks.
 
Gogol75 said:
Shagua,

Where did you find this information?

The DOL indeed issued this statement but later retracted it.

According to the latest update, DOL is yet undecided on cases where a labor is pending at BEC and another is filed through PERM. So for now it is allowed.

The latest DOL update deals in detail with cases where multiple PERM cases have been filed for the same alien-employer combination.
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hi gogol75:

i found the info when i was doing research on this issue. don't recall that attorney's name.

you are right my information was not updated.

thanks for the correction.

-shagua
 
GCBy2010 said:
Has anyone got an approval (or been asked to proceed with Ad) for a Non-RIR application which was never advertised/transferred to DOL originally ?

Also this website says that the backlog will be eliminated in 24 to 30 months in July 2004, which means backlogs will be eliminated by December 2006. Any thoughts ?

http://workforcesecurity.doleta.gov/foreign/times.asp
Click to expand...

hi gcby2010:

they didn't start until oct 2004 so i would think they will try to finish some time 2007 or longer.

-shagua
 
about swa cases ( never made it to dol )

Hello

This is my 1st post to this thread.

Most of the 45 day letters and approvals are for people who have already made it to regional. I wanted to know old timers from the CA sesa thread are still around. Basically wanted to see if any SWA/SESA cases ever received 45 day letters.

Last I remember CA SESA/SWA was sending april 27th cases to DOL in SF. They were stuck on Apr 26th 2001 for over a year before moving to 27th. After that the BECs were born and everything changed.


I am currently considering filing PERM with a new PD.

Thanks
------------
eb2-nonrir-CA
pd: 10/10/2003
 
Shagua, thanks for the reply

My priority date is May 2001, EB3 Non-RIR from Texas. Next month to yours. Never made it to Regional. Attorneys received and responded to 45 day letter in October 2005.

Did your Non-RIR case get advertised recently and was approved ? I am trying to find if BECs have issued orders to advertise for anyone in non-RIR category that originally never made to regional DOLs.
 
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GCBy2010 said:
My priority date is May 2001, EB3 Non-RIR from Texas. Next month to yours. Never made it to Regional. Attorneys received and responded to 45 day letter in October 2005.

Did your Non-RIR case get advertised recently and was approved ? I am trying to find if BECs have issued orders to advertise for anyone in non-RIR category that originally never made to regional DOLs.
Click to expand...

hi gcby2010:

my case made to regional DOL before it went to BEC and was approved on 09/28/05. BEC is working on 45 day letter and i believe they will send out recruitment instruction later on. again, no one know when they will start to send instructions until we see other people post their status in the thread.

-shagua
 
Amendment for LC at BEC

Has anybody filed amendment for BEC LC for refling in PERM. How long does it take and is it possible to verify if the request was logged. Thanks.
 
Received 45 Day Letter

Folks,
Got a letter from my lawyers stating they got 45 day letter. My case is from NJ NON-RIR never made it to regional. So i guess the next step is to wait for their instructions for how to proceed. Also came to know my ETA case no after so many years. Had asked for it for extension, never got back a reply. Finally some hope for NON-RIR people.
 
Michigan Cases

Michigan folks - Please post your status's? Here are my case details and theeir hasn't been any progress in a long time.

Case filed in Michigan
Case Type/Status: TR
PD: August 28, 2000
RD: Feb 7,2003
45 day letter: Feb 18, 2005.
Response to 45 day letter: March 2005
ETA Case Number: D-05011-XXXXX
 
tarikida said:
That is a promising news. Could you please tell us the contents of the 45 day letter ?
Are they asking the employer to start advertising for the post as this is for Non-RIR
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I do not have the details of the letter. However, I know that the letter does not ask my employer to start advertising
 
life_w/o_gc said:
Good for you!

I am still waiting.

My PD is April 2002
EB3 NON-RIR
CA

Quick question are you in Computer filed?
Could you please provide first 5 digits of your ETA Number?
Thanks
Click to expand...

Yes I am in the computer field. The corporate lawyers would not provide me with any details on the ETA number.

I wasn't expecting the letter yet because many like you have been waiting longer than I have. I hope your letter is on its way. Just hang in there.
 
polarpv said:
Michigan folks - Please post your status's? Here are my case details and theeir hasn't been any progress in a long time.

Case filed in Michigan
Case Type/Status: TR
PD: August 28, 2000
RD: Feb 7,2003
45 day letter: Feb 18, 2005.
Response to 45 day letter: March 2005
ETA Case Number: D-05011-XXXXX
Click to expand...


Hello Polarpv,

I am also in the same boat. My details are below. BEC closed my case by mistake and currently attorney is working with BEC to reopen the case. It is very slow process.

Hope we will hear soon.

Case filed in Michigan
Case Type/Status: TR
PD: June 18, 2000
RD: Oct 17,2002
45 day letter: April, 2005.
Response to 45 day letter: April 06 2005
ETA Case Number: D-05013-XXXXX

Pavan
 
Hello Pavan:

How did you know that your case was closed by BEC. Did you attorney contact BEC. I am in the same situation (PD Dec 2000) and no approval yet. My 45 day letter was replied in March 2005

Polarpv: I sent you a private message. I am not sure if you read it.
Pavan_N said:
Hello Polarpv,

I am also in the same boat. My details are below. BEC closed my case by mistake and currently attorney is working with BEC to reopen the case. It is very slow process.

Hope we will hear soon.

Case filed in Michigan
Case Type/Status: TR
PD: June 18, 2000
RD: Oct 17,2002
45 day letter: April, 2005.
Response to 45 day letter: April 06 2005
ETA Case Number: D-05013-XXXXX

Pavan
Click to expand...
 
information on screenshot

per my request, the attorney finally sent over a sceenshot of my case status.
However, the "case status" column is empty.
The "case received date" says 06/04/2002, but the "Priority Date" is empty again.

Does that mean my PD is 06/04/2002?
I have not received 45 day letter yet, TR EB2 filed through Colorado, never made it to the regional. Is it normal?
Can I require another copy of screenshot from DBEC directly? how? I am skeptical that the attorney has done something on the screenshot.

luckyz
 
luckyz said:
per my request, the attorney finally sent over a sceenshot of my case status.
However, the "case status" column is empty.
The "case received date" says 06/04/2002, but the "Priority Date" is empty again.

Does that mean my PD is 06/04/2002?
I have not received 45 day letter yet, TR EB2 filed through Colorado, never made it to the regional. Is it normal?
Can I require another copy of screenshot from DBEC directly? how? I am skeptical that the attorney has done something on the screenshot.

luckyz
Click to expand...

hi luckyz:

the "case received date" from my screen shot shows the date BEC received my case. maybe now that they are pushing to issue the 45 day letter they input whatever date they want :p. the only thing i can show u how to look up your priority date is from the receipt that sesa first mailed to your attorney(approx. mid section of the letter along with a 5 digit case number). screen shots do not show case status since long time ago because many of us try to get case status and BEC simply made it blank. the only info u can get from screen shot is to know that your case did arrive at BEC. only employer or attorney can request screen shot.

hope this helps...

-shagua
 
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