Overall Backlog Elimination Centers update/discussion

once our lawyers send the letter back to DOL, is there a way to confirm that DOL have marked in the system that the petition shall be processed and not withdrawn?
My lawyers sent the letter only a day before final day and therefore am a little concerned if DOL got it in time and marked it correctly or not. Any suggestions?
 
15*6=90 cases approvals for day

Icarus said:
tsk,tsk-ever the troublemaker :rolleyes:
dallas RIR analysis currently working on PD 4/30/01 (for the 14.5K cases currently in RIR queue as of today) And for those out there that enjoy estimating turnaround times, some figures.....Dallas currently has around 15 RIR analysts averaging around 6 RIR Approvals/day. ((Traditional recruitment has about 2000 cases in queue...turnaround varies case by case.))
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another BEC approval -- non RIR --2001

ASHTON KUTCHER said:
My PD is 2001 by TWC, Regional office rec 2002 I got my 45 Dys letter in Early March and this was sent back to RO the next day by my Attorney , I just rec my certified Letter from DOL stating that everyting was approved,on 03/30, my case was filed as reg Perm None RIR , so I guess they are not going with the date by somehow another way , so Now I'm fixing to file 140&485 on 04/04 lets see how that goes from there .

Ashton .
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sleepless_in_IN said:
Unfortunetly this is not great news for SWA applications sent to Dallas. But at least we know where those applications are: on the loading doc!!! :rolleyes:

This is an email from my friend's atty:

Today, I and my staff underwent a conference on the new PERM regulations for labor certifications and backlog reduction information.

As we have discussed previously, all cases that are not currently being adjudicated by the Indiana Department of Workforce Development have been packaged into boxes and sent to our regional center, Dallas, Texas. Dallas does not process the entire U.S. but a sector. There are other backlog centers which are performing the same duties.

Today’s conference was informative and imparted the following information:

All backlog centers are at a fledgling state. None are accepting any status inquiries. Due to the sheer volume of people trying to obtain status information, they have decided to not provide any to anyone. As cases are logged into the system, we will obtain 45 day letters. You and I have already experienced this. These should be done in chronological order. However, that is not the case. Depending on when files are received and shipped is how quickly these are getting imputed into the system. We have been told that there are whole loading areas full of unopened boxes of labor certifications.

Obtaining the 45 day letter does not prove that any actual processing is happening on any case. It merely shows that the box the file was in has been opened and will be put into the system. The officers are currently working on supervised recruitments only. Not on reduction in recruitment cases. This is to train the officers. These are new centers and do not have experienced staff. So they are starting them off on the supervised recruitments for two reasons: first, these cases are older. The back log on some of the cases are 1999. Secondly, these cases are cleaner, easier and provide good learning stock. RIR’s will be tackled when the backlog has caught up to the filing dates.

Our only choice is to sit and wait. When the backlog center gets to your file, you and I will get a 45 day letter. Once we get that in, when they get to his date, they will process it. We will keep you informed of any progress that we hear or any information that is imparted to us about the process.
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is it RIR approval??

From http://www.immigration-law.com

04/02/2005: First Unconfirmed Report of Dallas Backlog Center LC Approval

There is an unconfirmed report by an attorney that a labor certification of priority date April 2001 has been approved by the Dallas Backlog Processing Center. Reportedly the case was initially filed as a regular application, which was later converted to RIR under the RIR Conversion Regulation. This is the first known approval report since the Backlong Processing Centers was established. Stay tuned.
 
nuculer said:
Can someone explain to me what the above database contains, exactly? I mean, are these backlog cases that have been forwarded to BEC/BRC's? I sorted by the "last significant event" column and saw that it goes up to the fall of 2003. Did nothing happen in 2004?

I'm konfuzed....
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These are the cases reached, processed and pending at different regional centers of DOL.
as per DOL web site..
http://www.flcdatacenter.com/CasePerm.aspx
The data are available for download by fiscal year (October to September) in Microsoft Access format
From PERM 2004 access database from that site.. latest last event dates are in sept 2004 .. they are a lot cases certified from CA
last_event_date total
9/18/04 79
9/17/04 370
9/16/04 319
9/15/04 412
9/14/04 268
9/13/04 340
9/11/04 1
9/10/04 445
9/9/04 414
9/8/04 502
9/7/04 431
9/6/04 2
9/3/04 254
9/2/04 140
9/1/04 192

check this excel analysis about pending cases at regional level..http://boards.immigrationportal.com/attachment.php?attachmentid=12141
 
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Just received 45 Day Letter

Applied at CA SWA

PD: 1/20/2005

Got the 45 day letter today. Attorney will reply today itself. Will keep you updated about proceedings.
 
a update from http://www.immigration-law.com

04/08/2005: DFLC Backlog Processing Centers Update

As we reported earlier, DFLC initially focused on performing the data entries in order to identify and establish the national queue and to process cases on first in first out basis. DFLC reported to the AILA that as of mid-March 2005, the Backlog Processing Centers were able to complete transfer of 250,000 cases from the states and the Regions and worked on the data entry. As the earlier cases completed data entry, the Backlog Processing Centers also started processing of actual cases with old priority dates. Since the DFLC reportedly had over 300,000 backlog cases, it is anticipated that the initial step of shipping and data entry may be completed in the near future. It is also anticipated that for the next few months, actual decision of cases may not be that visible at least until the end of September 2005.
One way to reduce the backlog was to encourage applicants to refile under the PERM system without taking too much risk and without losing priority dates, but so far the PERM initiative has failed, leaving the mountain of backlog cases behind. At this juncture, applicants want to hear from the leadership of DFLC its policy on the affect of refiling on the pending cases, but they refuse to clarify this policy issue in both "identical" case refiling as well as "not idential" case refiling by the same employer for the same employee. This indecision also hurts indirectly its efforts to reduce the backlogs. We hope to see DFLC's decisive actions on various issues in the near future to achieve its goal of the foreign labor certification system reengineering smoothly and successfully.
As the DFLC gradually moves from the data entry stage to the actual processing stage, it should also clearly define the processing rule of "first in first out." In a number of occasions, it insisted that there would be no separate queues for different type of cases such as RIR vs. Regular Applications. However, considering the fact that these two cases involve a distinctly different type of work, a single queue of FIFO is not going to work when it comes to the order of actual certification. Probably, the analysts may be able to pull out files on the basis of "first in" (priority date), but since RIR cases practically do not need any work other than review and decision, meanwhile the regular applications must go through the time-consuming supervised recruitment process, it will be absurd that the RIR cases should remain a hostage pending the decision of regulation application cases with older priority dates. Accordingly, unless the DFLC adopts separate queues for different type of cases, a single national queue ignoring different type of cases will result in the extreme ineffective and inefficient management of processing of backlogs with no purposes served what-so-ever. This is particularly true that out of 300,000 or so backlog cases, the number of RIR cases appear to small. Again, we want to remind the DFLC that all it takes to make a decision on the RIR cases is to "review and decide," period! Reasonable minds do not understand why these cases will have to sleep in the storage boxes pending processing of the mountain of regular application cases. The regular application cases need different type of processing work and processing time because of the different type of process the applicants will have to go through under the law in terms of "supervised recruitment process." The concept of "FIFO" processing rule will work only if the DFLC recognizes different type of cases requiring different type of work and processing time, and process the cases on "FIFO" basis for each type of cases separately. In other words, each type of cases should have a separate national queue and be processed on FIFO for that type of cases only.
In our opinion, the processing at the "front end" may be performed on a single national queue and on "first in" basis, but when it comes to the "back end" processing, there cannot be a single first in first out processing regardless of different type of cases. Even the front end work, it may be more efficient to process the cases in different queue for different type of cases. We hope that DFLC recognizes this issue as soon as possible before they move from the step of data entry to the next step of actual processing. For the back-end processing, a single national queue isn't going to work!!!!
 
RIR Guys

I don't know why people filed under RIR have to wait in the same Q with non RIR. Becasue first I filed regular LC then lawyer took six month to follow so called pattern of recruitment effort at 7th month we have windraw regular case then filed RIR. Now we filed under an previous law which adapted by PERM. Now if I need to wait for non RIR people than I am loosing all time and money we have spent over six months.


I do not think any immigration lawyer will help to find out why? because now my lawyer asking another $1500 for PERM. I believe if he has file 300 case then 300x$1500 =$450000 extra bonus for PERM. It's our money guys and we earned it by working hard and paying all the taxes!!!!!

:(
 
RIR have 6 month ad time in CA, Did BEC take care of this time ?
If I file regular instead of RIR, my PD will be 6 month ahead.
 
Is it possible to file a law suite against Department of Labor because with the Perm system it will actually be clearing labor certifications of people who filed later than those who are stuck in BEC?

Shouldn't they hold all the new applications untill they finish the old ones?
 
send a letter/fax -- some body will see it !!

Wboyi said:
About 3 weeks ago I sent and publish here a letter to Secretary of Labor Elaine L. Chao, today I got a response from DOL signed by the chief of Division of Foreign labor Certification.
He explained to me how the DOL/BEC works as we had already known.
Also he told me that my case had been sent to Philadelphia from San Francisco. Before the letter I never know where is my case even I didn't know whether it was received or not by the San Francisco regional office since EDD of California informed me that my case was transferred to regional office.

What I would like to appeal here is if we want to relief our pain of waiting 4-5 years, only way is to stand up and let everyone know the fact, send a letter, e-mail, fax to Secretary of Labor Elaine L. Chao, Congressman, President, media... push DOL (BEC) to start work. I believe it is better than guessing how the DOL handle the case, calculating the processing speed and so on. If they don't start process, all of above just our own wishful thinking. No one care us if they don't know.

However, it looks like most of people in this forum don't like my idea, my posting and other similar postings were moved (I can't find and read it anymore).
Of course, I never expect DOL will reply and promise to speed up the process after sending letter.
If Secretary of Labor Elaine L. Chao and other powerful guy's mail box were full of 30K letters to complain BEC, I think they may consider it seriously.

To me at least the DOL top guys know I am suffering a pain, and help me to find where is my case.
At least you may check your case status with the top of DOL.
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Here is the letter sent by him

Wboyi said:
I agree that getting more people involved to send a letter is better than doing it separately. However I don’t think that individual will be totally useless, at least it better than nothing before sending a letter with multi-signature.

Actually today I send a letter to Secretary of DOL, Elaine L. Chao. Since her e-mail address is not available, I have to send it by mail.
If you go to http://www.whitehouse.gov/contact/ , you may find e-mail address of President, Vice-president and … . The e-mail address of President is president@whitehouse.gov

I believe if we, in the same boat of DOL Backlog Elimination Center, should stand up and help ourselves.

Following is what I send:


03/18/2005

The Honorable Elaine L. Chao
Secretary of U.S. Department of Labor
200 Constitution Ave., NW
Washington, DC 20210


Dear Secretary Chao,

First at all, thank you very much to read this letter. I take this
opportunity to congratulate you on your 2nd term as Secretary of US
Department of Labor.

I am writing to you because I am looking for your help to pay attention to
my situation. That is my Alien Employment Certification which is pending to
the DOL (San Francisco DOL regional office) more than 2 years.

The current progress in San Francisco DOL regional office is very very slow; they started process the application received by March 2003 since last December, now they are
still stay in March 2003. There are a lot of cases was backlogged.
According to this pace, some of applicant may retire before their case is
processed.

Actually there are thousands of applicants like me are undergoing the same
pain, the pain of waiting continue day and day, week and week, month and
month, year and year, some of us have been waiting 4-5 years. I am one of
them. No one tell us how long we have to wait.

Recently I got to know the DOL started 2 Backlog Elimination Center to
handle all the backlogged case. I saw a ray of light at that time.
However 6 months passed, it made me disappointed again. I can’t believe it.
Backlog Elimination Center didn’t speed up the processing at all and create
more backlogs. How many cases they processed so far: Zero. To my
understanding, two more unnecessary procedures were created and cause new
delay. (Blue words are my comments)
(1) Take several months to transfer or input case data manually from
regional office (It is said what Backlog Elimination Center are doing now.
Does it mean the cases are not input in the DOL computer system at all when
the cases stay in the regional office, or nothing happened to those case
during several years, what are they doing?)
(2) Take another several months to send and receive so-called 45-day letter
to verify whether the applicant want to continue their application or not
(It is said that only no more than 0.75% case was withdrawn so far,
therefore this procedure may be eliminated, on the other hand, if the case
was handled timely, this procedure is absolutely not necessary at all)

The most important is when Backlog Elimination Center start to process case?
Backlog is still backlog if no any processing at all.

Furthermore, I have another big concern. It is said that DOL will start a
new program, PREM (Permanent Labor certification Program), to process Alien
Employment Certification and it will make a decision in 60 days once the
application is received. If it were true, that would be a supreme irony for
us, already waiting Alien Employment Certification for several years. Should
we give up current application and turn to PREM? Suppose the average waiting
time is 3 years for each applicant, 300,000 applicants mean we waste 900,000
years. I don¡¯t think it is a fair. Some of us in the same boat will appeal
to Senate, House and President for this issue, 60 days vs several years.

What I request here are
(1) Please turn your administration's attention to implementing to make a
clear definition about current application and PREM, we should have the same
treatment as PREM. Finish current federal labor cases before moving to PERM
or move the backlogged cases to PREM
(2) Please turn your administration's attention to implementing Backlog
Elimination start process case immediately
(3) Please turn your administration's attention to implementing Backlog
Elimination to make a clear process timetable and set up a track system to
let every applicant know the case status

I believe this request is not only for myself also for thousands of
applicants.

Thank you again for your time and patience.
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Links for senetors...

http://www.senate.gov/general/conta...enators_cfm.cfm
http://www.house.gov/house/MemberWWW.shtml
 
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jackLavish said:
Now 2 quick questions:
1) Where is the 45 day letter sent? lawyer or employer?

To Both (Employer & Attorney)

2) What if my address changes, is there a procedure to update the LC app, is it needed?

You mean your company's address or your home address ? Your home address does not matter to DOL for LC process. Your attorney can send Office Address Change to DOL if required.

Any inputs greatly appreciated.
muchos gracias.
:)
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RAYDHAN said:
For what its worth again, I just had a discussion with my lawyer. She said that in the last 2-3 weeks their office has received 10-12 labor approvals from the Dallas BPC for cases with P.D.s upto April 2001. I had reported this piece of information in this thread earlier already.

But the interesting thing (which some of us were eager to know) is that all these are RIR cases and all were filed from Oklahoma.

Hope that answers a couple of questions that a few of you had asked me earlier in the week.

Regards and Good luck to all of us.
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update from Icarus

posted on May 1st @ Dallas BEC Forum:

Icarus said:
Just some basic stats...no other news :(
Dallas PD processing is pretty much moved into 5/01 (finally). Also RIR queue is now over 16,000 cases awaiting RIR analysis and around 1800 (RIR and TR) awaiting final CO review for approval.
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Posted @Phil Regional Forum on today

tomshu said:
1/. The BEC is sending 45-day everyday.

2/. The BEC is certifying LCs which PDs are before 31 Dec 2001.

3/. The BEC is certify LCs state by state, within each state each case will be processed according to FIFO.

4/. After 2001 cases being cleared, they then will move to 2002, 2003 ...

5/. Note: Because most cases from 2001 do not belong to high-tech jobs, it may take some time for forks like us in this forum to see any approvals.

--Tomshu
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