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.
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.