Non RIR Discussion Only !

One more 45-day letter from California

Here is a small good news I have to share with all you guys. My attorney got 45-day letter from DBEC on Mar-15 and they replied back on 04/06.

I have aquestion for the Gurus, Is there any way to check the status online since I have ETA case number now? My collegue case got in to trouble even after my attorney replied to 45-day letter. I am trying to makesure I am not going to be in the same situation. Is there a way to make sure that DBEC recieved my attorneys response?

Cheers







Oct03 said:
My employer informed me that he recv and replied back 45 days letter in Apr 1st week 06. Now what happens next?


Thanks
 
45 day letter at lastt

I have replied to 45 day letter
04/03-PD
TX-swa...E3-NONRIR
Enterject case
DBEC

What is the next step for TR cases??
 
I just want to share my details with you guys

PD: 07/16/2001
State Applied : CA
Applied in RIR originally
Remanded back to state and now in NON RIR
45 day letter replied: 01/05/2006
Approval ?

I really get depressed about this processing delays..anyone in 2001??
 
mahadev1 said:
I just want to share my details with you guys

PD: 07/16/2001
State Applied : CA
Applied in RIR originally
Remanded back to state and now in NON RIR
45 day letter replied: 01/05/2006
Approval ?

I really get depressed about this processing delays..anyone in 2001??

You are not alone...dont worry there are many of us in the same situation..

check this thread...you could console yourself...............

http://boards.immigrationportal.com/showpost.php?p=1405216&postcount=310
 
Shagua: Please Help

After getting the 45 day letter for NON-RIR case in SWA level...what happens next??....does DOL request the AD process??...
 
45 day letter recvd

VA / Non-RIR / EB3
PD: 11/05/2004
Case no: P-05157-xxxxx
45 day letter recv: 04/10/2006
 
mahadev1 said:
I just want to share my details with you guys

PD: 07/16/2001
State Applied : CA
Applied in RIR originally
Remanded back to state and now in NON RIR
45 day letter replied: 01/05/2006
Approval ?

I really get depressed about this processing delays..anyone in 2001??

Mahadev1,

Don't get depressed. There are quite a few people like you. Mine is a remanded case just like yours. My PD is Nov 2001 (see details in my signature). I haven't even received a 45-day letter. There are a lot of Non-RIR cases from 2002 and 2003 that have received 45-day letters.

I also applied for labor through PERM and that got approved in 33 days. My I-140 also got approved in 17 days. But, I have to wait for my PD to get current before I can apply for I-485, since I am from one of the retrogressed countries.
 

I AM GETTING RESPONSES FROM NEWS CHANNELS TO THE EMAILS I SENT THEM"

They say they are not aware of this issue, I would reccommend to use 10 minutes of your time to send email to below persons. Maybe something will come good out of this.

Instead of being silent readers and venting your frustration out in this forum and watching movies and drinking beer just write a letter....

I got two responses from two news channels, all they are saying they will do the research and they are not aware of this situtation DOL has created. But they want more real stories from different people...



COME ON GUYS

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Subject: "LEGAL IMMIGRANTS FIRST"
 
long wait... non-RIR, Michigan, DEBC

Hanging2001 and Mahadev1,

You folks are not alone. There are over 250,000 cases in Backlog Centers. Read an status at MurthyDotCom:

http://www.murthy.com/news/n_relper.html

I believe preference is given to RIR so we have to wait. I doubt data entry will finish by June 2006. The DOL website states that all backlogs will be eliminated by 9/2007. This date may also change.

http://www.foreignlaborcert.doleta.gov/

Hanging 2001,

Did you apply for PERM under the same employer or did you switch companies? What state did you apply from? Was your PERM application EB3 or EB2? Could you keep your PD under the old process? Is there a place where you can see PD's for I-485?

After June I am hoping I can convince my management to start a PERM application. The other option is to switch employee or leave the country contribute to growing economies with the skills adquired in the US. I think that because of slow processes in immigration the US will continue to loose it's competitive advantage to other regions.

Details on my case are as follows:

Case Type: Regular (Non RIR) EB3
1) April 19, 2001 = Priority Date in Michigan
2) May 2004 = Rejected by Michigan Department of Career Development (Labor Department)
3) July 2004 Employer appeals job description and discrepancy with minimum prevailing wage
4) Dec 28, 2004 = Appeal moved to Dallas Elimination Backlog Center DBEC
5) Unknown Date = 45 day letter received & replied:
6) March 2006 Renew my 7th H1-B Visa

xman_74

Hangin2001 said:
Mahadev1,

Don't get depressed. There are quite a few people like you. Mine is a remanded case just like yours. My PD is Nov 2001 (see details in my signature). I haven't even received a 45-day letter. There are a lot of Non-RIR cases from 2002 and 2003 that have received 45-day letters.

I also applied for labor through PERM and that got approved in 33 days. My I-140 also got approved in 17 days. But, I have to wait for my PD to get current before I can apply for I-485, since I am from one of the retrogressed countries.
 
mahadev1 said:
I just want to share my details with you guys

PD: 07/16/2001
State Applied : CA
Applied in RIR originally
Remanded back to state and now in NON RIR
45 day letter replied: 01/05/2006
Approval ?

I really get depressed about this processing delays..anyone in 2001??

hi mahadev1:

i understand your frustration but as usual i encourge friends like you who has ancient PD as you to hang in there and don't loose hope. at this point anything could happen.

btw, i like those remanded cases because you guys have finished the recruitment also. this will save you a lot of wait time but does not gurantee on the approval. at least you don't have to wait another 30 days or more for BEC to advertise.

wish you good luck.

-shagua
 
Last edited by a moderator:
pani_6 said:
After getting the 45 day letter for NON-RIR case in SWA level...what happens next??....does DOL request the AD process??...

hi pani_6:

it took about 6 months after i responded to my 45 day letter to get the approval. however i have done my recruitment process prior to the BEC stage. DOL does not request AD process. at this point your fate is in BEC's hand. BEC will post your job description on the internet for 30 days to see if anyone else is interested in your position. sorry to say this, but we can only wait.

hope this helps...

-shagua
 
Oct03 said:
My employer informed me that he recv and replied back 45 days letter in Apr 1st week 06. Now what happens next?


Thanks

hi oct03:

next step is to wait for BEC to post your job on the internet and they will forward any resume to your attorney/employer for interview. if you are lucky, you might not get any resumen.

good luck..

-shagua
 
CALIHONEB said:
Here is a small good news I have to share with all you guys. My attorney got 45-day letter from DBEC on Mar-15 and they replied back on 04/06.

I have aquestion for the Gurus, Is there any way to check the status online since I have ETA case number now? My collegue case got in to trouble even after my attorney replied to 45-day letter. I am trying to makesure I am not going to be in the same situation. Is there a way to make sure that DBEC recieved my attorneys response?

Cheers

hi calihoneb:

ETA number has nothing to do with BECs. i believe there is a case number start with D or P on your 45 day letter. you can request screen shot with BECs pretending you are extending your 7th year H-1. as far as how to get a screen shot please read the old posts.

hope this helps...

-shagua
 
dear all friends on this thread...

i have to apologize in advance if i can't come online as often as before. many of you who have read this thread on a daily basis knows that my work load increased tremendously lately. this means i am unable to online as often as i like. i will try my best to come online at least once a week.

please don't loose hope you all. after all we put in so much for this whole process. please continue to fight and live our dreams. i am sure those of you with 2001 or early 2002 you will hear something by mid 2006 or late 2006.

i wish you all the best and you are all in my prayer.

-shagua
 
mahadev1 said:
I just want to share my details with you guys

PD: 07/16/2001
State Applied : CA
Applied in RIR originally
Remanded back to state and now in NON RIR
45 day letter replied: 01/05/2006
Approval ?

I really get depressed about this processing delays..anyone in 2001??

--------------
I am in 2001.

PD: 03/2001
State Applied : TX
Applied in RIR originally
Remanded back to state and now in NON RIR
45 day letter: Just recived, 4/2006
Approval: Not yet.
 
Thanks!

Shagua,
You have done a great job in encouraging others to stay optimistic and keeping this thread alive. Lot of people got information they needed from this thread and especially from you. I wish you good luck with your work and everything else..

Cheers



shagua said:
i have to apologize in advance if i can't come online as often as before. many of you who have read this thread on a daily basis knows that my work load increased tremendously lately. this means i am unable to online as often as i like. i will try my best to come online at least once a week.

please don't loose hope you all. after all we put in so much for this whole process. please continue to fight and live our dreams. i am sure those of you with 2001 or early 2002 you will hear something by mid 2006 or late 2006.

i wish you all the best and you are all in my prayer.

-shagua
 
D-BEC cases from Michigan. Data Tracker Missing Info.

Polarpv,

Great to hear about your approval!

Was your case filed as EB3 or EB2? (I believe that EB2 = Master's Degree Required).

Thanks,

xman_74



polarpv said:
I just got an e-mail from my attorney saying that my case has been approved. Thanks to all of you, special mention for Shagua, for all the advise and encouragement.

Labour Certification
Case filed in Michigan
Case Type: 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
 
45 Day letter received

State: Boston,MA
PD: March 2003
EB3, NON RIR
45-Day letter Received: 04/22/2006

In my case so far there was no advertisement done, does anyone know how much time that process takes on an average.

Thanks
 
Hi xman_74,

Here are the answers to your questions.
1. Did you apply for PERM under the same employer or did you switch companies?
A. Same Employer, Different position.

2. What state did you apply from?
A. Texas

3. Was your PERM application EB3 or EB2?
A. EB2

4. Could you keep your PD under the old process?
A. The first question in the PERM application (ETA form 9089) asks whether you are seeking to utilize the filing date from a previously submitted application (ETA 750). I answered NO, since my attorney was against it as there are quite a few risks associated with it. You can always say YES and retain your 2001 PD, but make sure the old and new applications are applied for identical positions with identical job descriptions.

5. Is there a place where you can see PD's for I-485?
A. There is a link to the 'Visa Bulletin' on the starting page of this website. You can see which PD is current for each EB category.

Hope this helps,
Hangin2001

xman_74 said:
Hanging2001 and Mahadev1,

Hanging 2001,

Did you apply for PERM under the same employer or did you switch companies? What state did you apply from? Was your PERM application EB3 or EB2? Could you keep your PD under the old process? Is there a place where you can see PD's for I-485?

After June I am hoping I can convince my management to start a PERM application. The other option is to switch employee or leave the country contribute to growing economies with the skills adquired in the US. I think that because of slow processes in immigration the US will continue to loose it's competitive advantage to other regions.

Details on my case are as follows:

Case Type: Regular (Non RIR) EB3
1) April 19, 2001 = Priority Date in Michigan
2) May 2004 = Rejected by Michigan Department of Career Development (Labor Department)
3) July 2004 Employer appeals job description and discrepancy with minimum prevailing wage
4) Dec 28, 2004 = Appeal moved to Dallas Elimination Backlog Center DBEC
5) Unknown Date = 45 day letter received & replied:
6) March 2006 Renew my 7th H1-B Visa

xman_74
 
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