Non RIR Discussion Only !

Case Status WITHDRAWN !!

waitingGCard,

Did you find out from your lawyer regarding the case status online? I have a similar situation. Until thursday of last week my case status showed as "Data Review", but this morning it was "Withdrawn". I called my lawyer immediately and was told that it must be a mistake and he will take a look into the matter.

Please keep us posted on this matter. Anyone else experiencing similar problems??

waitingGCard said:
Hello Folks,

I am new member to this forum. I was checking my case status online . Since last week it was "IN PROCESS". Today it showed "WITHDRAWN". Please let me know what it means. I never asked my attorney to withdraw my case. Do you have any suggestins for me?

mine is EB2 /non-RIR
PD-June 2003
I got 45 day letter and in April 2006 and replied.
Click to expand...
 
dianasteve said:
In my opinion this article is not correct about the 6 month period. It is clearly mentioned in the FAQ that the recruitment should be done within the 6 month period and not for 6 months.
Click to expand...

Absolutely!
The article is misleading and wrong. Folks, if you like to know something, keep visiting this forum. The recruitment has to done in the past six month.
BTW> anyone finished BEC recruitment? It is over 30 days in some cases. Jut wondering what is going on.
 
Hangin2001 said:
waitingGCard,

Did you find out from your lawyer regarding the case status online? I have a similar situation. Until thursday of last week my case status showed as "Data Review", but this morning it was "Withdrawn". I called my lawyer immediately and was told that it must be a mistake and he will take a look into the matter.

Please keep us posted on this matter. Anyone else experiencing similar problems??

waitingGCard said:
Hello Folks,

I am new member to this forum. I was checking my case status online . Since last week it was "IN PROCESS". Today it showed "WITHDRAWN". Please let me know what it means. I never asked my attorney to withdraw my case. Do you have any suggestins for me?

mine is EB2 /non-RIR
PD-June 2003
I got 45 day letter and in April 2006 and replied.
Click to expand...
Click to expand...

WaitingGCard and Hangin2001:

Did you guys filed another LC petition through the same employer in PERM and got it approved? Please read the Dallas BEC thread there are examples of this. Also please go through the Breaking News section of immigration-law website.
 
Last edited by a moderator:
How many 245i cases are there in BECs?

Could anyone post info regarding how many 245i cases out there in BECs? I kind of recall seeing one but not sure now. DBEC posted average about 200 ads in AJB so I'm thinking if we find the total number of 245i cases we could have a rough estimate how long it will take for DBEC to pass April.30 2001 and get to our cases.

Thanks.
 
so_depressed said:
Could anyone post info regarding how many 245i cases out there in BECs? I kind of recall seeing one but not sure now. DBEC posted average about 200 ads in AJB so I'm thinking if we find the total number of 245i cases we could have a rough estimate how long it will take for DBEC to pass April.30 2001 and get to our cases.

Thanks.
Click to expand...

I remember that it's in the other of 250,000 applications.
 
Withdrawn cases

manwithnoname said:
WaitingGCard and Hangin2001:

Did you guys filed another LC petition through the same employer in PERM and got it approved? Please read the Dallas BEC thread there are examples of this. Also please go through the Breaking News section of immigration-law website.
Click to expand...


Hey friends,

I believe that DBEC or PBEC will withdraw any labor application if they find that you have applied or even have gotten approved PERM earlier. The reasoning is that with still so much of backlog to clear, they would like to eliminate any duplicate cases even though as per rules/regulations you can file another labor application. So if you are planning to file PERM as a back-up (just like me on 7th year H-1B), I would suggest to HOLD. One of the articles on www.immigration-law.com clearly stated that BEC and PERM databases have started communicating well and any duplicate application will be withdrawn. Though it stated that if the duplicate application is for the same company and for same position but i think they will follow it for all even though you have applied with a different company and different position.

I have decided to HOLD my PERM application with other company that i wanted just as a back-up.

These are just my thoughts not a legal opinion.
 
So this has nothing to do with the total number of cases left in BECs? It is said the total number in both BECs are about 175000 and TR cases are 20000 more than RIRs. So the total number of TR cases will be like about 100,000 and that should include these 245i cases they are posting now. Isn't this right?

Waiting4GCNow said:
I remember that it's in the other of 250,000 applications.
Click to expand...
 
Wrong Information

vexlak said:
Absolutely!
The article is misleading and wrong. Folks, if you like to know something, keep visiting this forum. The recruitment has to done in the past six month.
BTW> anyone finished BEC recruitment? It is over 30 days in some cases. Jut wondering what is going on.
Click to expand...
This article is mis leading. The faq clearly says with in 6 months.

"The earliest acceptable published advertisement or other recruitment activity must have occurred within six months prior to the date the RIR conversion request was received by the BEC. Earlier advertisements or other recruiting activities will not be considered by the BEC in determining whether a pattern of recruitment has been established."
 
In case it is withdrawn, can you now reinstate it ? I know some in this forum have filed and got PERM approval while pending labor is with PBEC. I am planning to file my PERM this nov and my EB3-TR is pending with PBEC. Did you talk to your lawyer ?


gptexan said:
Hey friends,

I believe that DBEC or PBEC will withdraw any labor application if they find that you have applied or even have gotten approved PERM earlier. The reasoning is that with still so much of backlog to clear, they would like to eliminate any duplicate cases even though as per rules/regulations you can file another labor application. So if you are planning to file PERM as a back-up (just like me on 7th year H-1B), I would suggest to HOLD. One of the articles on www.immigration-law.com clearly stated that BEC and PERM databases have started communicating well and any duplicate application will be withdrawn. Though it stated that if the duplicate application is for the same company and for same position but i think they will follow it for all even though you have applied with a different company and different position.

I have decided to HOLD my PERM application with other company that i wanted just as a back-up.

These are just my thoughts not a legal opinion.
Click to expand...
 
indianpresent said:
In case it is withdrawn, can you now reinstate it ? I know some in this forum have filed and got PERM approval while pending labor is with PBEC. I am planning to file my PERM this nov and my EB3-TR is pending with PBEC. Did you talk to your lawyer ?
Click to expand...

Yes I did talk to my lawyer. She was not sure of withdrawn cases earlier but she herslf got one for her client where the client has BEC pending and applied PERM with the same company and similar position.

With all the race to get sept 2007 met, She was not sure if this would be a good idea to file PERM when BEC case is pending. I am not sure how long will it take to re-instate, what docs and other formalities need to be provided.

I am just playing safe (very safe) and waiting for my NON-RIR case to be successfully adjudicated.
 
Man, your words are scary. However, your proof does not sound valid. In immigration-law.com, 09/23/2006, it has two points. First, any duplicate PERM application will be withdrawn. Second, the database in BEC and PERM are communicating better so that when you do PERM "refile", the old BEC cases will be withdrawn quickly. You are mixing the points here and generated your own conclusion.

I have no doubt that they have the ability to know that you have a PERM case approved. However, I don't think that it makes sense to withdraw your application in BPC without asking. Otherwise the refile option has no use.


gptexan said:
Hey friends,

I believe that DBEC or PBEC will withdraw any labor application if they find that you have applied or even have gotten approved PERM earlier. The reasoning is that with still so much of backlog to clear, they would like to eliminate any duplicate cases even though as per rules/regulations you can file another labor application. So if you are planning to file PERM as a back-up (just like me on 7th year H-1B), I would suggest to HOLD. One of the articles on www.immigration-law.com clearly stated that BEC and PERM databases have started communicating well and any duplicate application will be withdrawn. Though it stated that if the duplicate application is for the same company and for same position but i think they will follow it for all even though you have applied with a different company and different position.

I have decided to HOLD my PERM application with other company that i wanted just as a back-up.

These are just my thoughts not a legal opinion.
Click to expand...
 
Withdrawn

bpc2001 said:
Man, your words are scary. However, your proof does not sound valid. In immigration-law.com, 09/23/2006, it has two points. First, any duplicate PERM application will be withdrawn. Second, the database in BEC and PERM are communicating better so that when you do PERM "refile", the old BEC cases will be withdrawn quickly. You are mixing the points here and generated your own conclusion.

I have no doubt that they have the ability to know that you have a PERM case approved. However, I don't think that it makes sense to withdraw your application in BPC without asking. Otherwise the refile option has no use.
Click to expand...

pls check www.immigration.com and today's posting. I agree the wordings are not very clear and ploicy not yet established (see today's posting) but withdrawl notices are still being sent. we are yet to see if this would be the case where PERM is filed for a diff employer and diff position. Why take a chance and add another variant to already delayed file. What if case withdrawn takes time (procedurally) or case not re-instated??
 
NON-RIR(Remanded) case Certified

Hi guys,

Online status for our(my husband) case is showing up "CERTIFIED" today. After long wait, exactly 5 years 6 month, we got this.

Here is the information of our case.

Case Type: RIR to NON-RIR
PD: June 7, 2001
Remanded to State: 2002
BEC 45-DL Received/Replied : Oct 2005
Case #: D-05132-09*** ;
State : California;
Online Case Status on 11/06/06: In Process;
Online Case Status on 11/07/06: CERTIFIED
 
Few people care?

DBEC posted 327 ads so far today and still posting. That's more than 1100 ads since Nov.1. Anyone has some idea how many 245i cases out there? The number of 250,000 just seems not true to me.
 
You are correct. I did see alert last time when I checked this website. But when I enter I could only see yesterday's post. I guess that it was caused by cache problem. Now I see it.

gptexan said:
pls check www.immigration.com and today's posting. I agree the wordings are not very clear and ploicy not yet established (see today's posting) but withdrawl notices are still being sent. we are yet to see if this would be the case where PERM is filed for a diff employer and diff position. Why take a chance and add another variant to already delayed file. What if case withdrawn takes time (procedurally) or case not re-instated??
Click to expand...
 
Kalachandu said:
Hi guys,

Online status for our(my husband) case is showing up "CERTIFIED" today. After long wait, exactly 5 years 6 month, we got this.

Here is the information of our case.

Case Type: RIR to NON-RIR
PD: June 7, 2001
Remanded to State: 2002
BEC 45-DL Received/Replied : Oct 2005
Case #: D-05132-09*** ;
State : California;
Online Case Status on 11/06/06: In Process;
Online Case Status on 11/07/06: CERTIFIED
Click to expand...
This is very good news. My case is stuck since first week of July. So, I still have some hope.

Did your husband's company received recruitment instructions.
 
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