Tracking "T" cases: RIR or NON-RIR

L

labordrags

Registered Users (C)
Per frestre's suggestion, and it is necessary to track "T" temporary cases, please post your details and/or any information that could help our community members. Thank you. Details are in signature.
 
Please port here if you have a "T" case

If you have a case that starts with "T" (Temporary, data entry not completed) please post here your details.
This will help each other know what to do and what to expect.
Thanks
 
Please post any update

Have your case number been changed to the permanent number (D or P)?
Mine is still "T" and when I look it up in PDS it says that "no record found".
I sent an email to the info email at PEC and the answer is vague:


This is the response:

Dear Requestor,

You have reached the Dallas Backlog Elimination Center status inquiry mailbox. At this time, we are unable to provide status information on Permanent Labor Certifications.

If your request is in reference to the following, if acceptable, we will update your information as requested:

• Address updates for attorney, employer, or alien
• Change of attorney (or attorney address changes)

Aliens seeking status must contact their employer (human resource dept.) or attorney to obtain information.

For frequently asked questions, please visit the following Internet website:

http://atlas.doleta.gov/foreign/faqs.asp

To obtain general information regarding transfer times, please visit the following Internet website:

http://www.workforcesecurity.doleta.gov/foreign/times.asp

To obtain general information regarding the PERM System, please visit the Internet website below or use the e-mail address provided:

www.plc.doleta.gov

PERM.DFLC@dol.gov

There is no need to submit multiple requests. If you have not already received one, the next notices that you will receive from this office will be a 45-Day Letter and a Selection of Continuation Option letter.


If you are requesting a 7th year extension to an H-1B visa, please send an e-mail to:

h1b7yr@dal.dflc.us


Your patience is appreciated.



DFLC Dallas Backlog Elimination Center
 
Thats their standard request. I have made couple of requests to get the info, but get the same reply from them. This time I got it in big red font, which is telling me "no further request" is necessary. BEC sucks, no doubt about it.
 
My application is back into PDS

Take make a long story short, I had a case that started with "T" and we never received the 45-day continuation letter. My lawyer sent the email to the BEC about this and after more than 3 month we got the reply in which they said that the case was lost and we needed to re-file again.

My lawyer sent all the paperwork again on Nov 9th and today we got a replied that the case had been reconstructed and it is active in the system. We were given a snapshot with a new case number. Now this new number is found in the PDS system and it is currently in "Data Review" status.

So, for you that still have cases that start with "T", the most problably cause is that the case is lost. Contact your lawyers asap.

My new case is P-06319-XXXXX
 
frestre said:
Take make a long story short, I had a case that started with "T" and we never received the 45-day continuation letter. My lawyer sent the email to the BEC about this and after more than 3 month we got the reply in which they said that the case was lost and we needed to re-file again.

My lawyer sent all the paperwork again on Nov 9th and today we got a replied that the case had been reconstructed and it is active in the system. We were given a snapshot with a new case number. Now this new number is found in the PDS system and it is currently in "Data Review" status.

So, for you that still have cases that start with "T", the most problably cause is that the case is lost. Contact your lawyers asap.

My new case is P-06319-XXXXX
Click to expand...


Did your lawyer make any futher contact, after sending the initial request to NO BEC CONTACT email id? Or, out of the blue, you guys received a shocking news of LC app being lost? I think this is what I was thinking would have happen, since the course of application moved from TWC to Enterject to TWC again, and then finally to D-BEC.

I am surprised to see your PDS number starts with P, which now I think your file is in Philly not in Dallas.
 
labordrags said:
Did your lawyer make any futher contact, after sending the initial request to NO BEC CONTACT email id? Or, out of the blue, you guys received a shocking news of LC app being lost? I think this is what I was thinking would have happen, since the course of application moved from TWC to Enterject to TWC again, and then finally to D-BEC.

I am surprised to see your PDS number starts with P, which now I think your file is in Philly not in Dallas.
Click to expand...
labordrags,
No, my lawyer only sent the NO BEC CONTACT email and nothing else as far as I am concerned. The reply from the BEC to this email was that the case had been lost. My lawyer charged me 550 to re-file but I am happy now since I can check my new case the PDS system alothough it is still in DATA REVIEW. I forgot to tell that I had filed two DIFFERENT LCs. One with DBEC and one with PBEC. The one with DBEC is still "T" (My signature). The one with PBEC is now fixed. Since my PBEC have an earlier priority date and don't care much about my DBEC application at this moment but it can be used as a backup.
 
I think Murthy is what somehow true....

frestre said:
labordrags,
No, my lawyer only sent the NO BEC CONTACT email and nothing else as far as I am concerned. The reply from the BEC to this email was that the case had been lost. My lawyer charged me 550 to re-file but I am happy now since I can check my new case the PDS system alothough it is still in DATA REVIEW. I forgot to tell that I had filed two DIFFERENT LCs. One with DBEC and one with PBEC. The one with DBEC is still "T" (My signature). The one with PBEC is now fixed. Since my PBEC have an earlier priority date and don't care much about my DBEC application at this moment but it can be used as a backup.
Click to expand...

I think what Murthy initially suggested in her website is true. I have filed multiple labor, and both have T numbers, and are distributed in PBEC and DBEC. DBEC has the oldest PD, I don't care about PBEC. It is during the mid-july, so I am not even concerned about it. I also asked my lawyer to withdraw the case, but he is hesitant in doing so stating he don't want to take no chance, what a lawyer!!!.

I am not sure if you are happy or not about the case being refiled, you still have to go thru the recruitment once the BECs start sending out memo. Also, not sure your PBEC has earlier PD than DBEC. If thats the case, then its worthwhile, otherwise it is good to withdraw one and follow the earliest PD. Just my suggestions, your lawyer MAY know better than me.

Also, I personally think the case has NEVER been lost, I think the way they asked the employers to send the copy of it, may be they wanted to match the old LC to the one refiled to see if there is any modificaiton been done.

What a BEC nightmare of losing the case, after it has been given initial data entry. Last time my lawyer received an email from DBEC, stating the case is under data review. I even tried to change both Ts to D and P, and no record matches. I will consider in doing the conversion, see how it goes, if nothing happens then try PERM and file under EB2.

This is what is from murthy.
The Murthy Law Firm recently learned that some of the cases that did not receive 45-day letters were intentionally frozen by the DOL due to multiple filings. The DOL is better able now than in the past to identify multiple cases filed in different jurisdictions by an employer for a particular beneficiary. They have advised us that these cases are, for the time being, frozen in the system. As of this writing, there has been no communication from the DOL regarding these cases. Thus, some of the cases that did not receive 45-day letters are attributable to this freeze. One possible remedy appears to be for the employer to decide on the case that will be pursued, and to withdraw the other/s. Of course, this decision should be made after consultation with a qualified and experienced immigration attorney to carefully weigh the pros and cons of each option.
http://www.murthy.com/news/n_daylet.html
 
Last edited by a moderator:
labordrags said:
I think what Murthy initially suggested in her website is true. I have filed multiple labor, and both have T numbers, and are distributed in PBEC and DBEC. DBEC has the oldest PD, I don't care about PBEC. It is during the mid-july, so I am not even concerned about it. I also asked my lawyer to withdraw the case, but he is hesitant in doing so stating he don't want to take no chance, what a lawyer!!!.

I am not sure if you are happy or not about the case being refiled, you still have to go thru the recruitment once the BECs start sending out memo. Also, not sure your PBEC has earlier PD than DBEC. If thats the case, then its worthwhile, otherwise it is good to withdraw one and follow the earliest PD. Just my suggestions, your lawyer MAY know better than me.

Also, I personally think the case has NEVER been lost, I think the way they asked the employers to send the copy of it, may be they wanted to match the old LC to the one refiled to see if there is any modificaiton been done.

What a BEC nightmare of losing the case, after it has been given initial data entry. Last time my lawyer received an email from DBEC, stating the case is under data review. I even tried to change both Ts to D and P, and no record matches. I will consider in doing the conversion, see how it goes, if nothing happens then try PERM and file under EB2.

This is what is from murthy.
The Murthy Law Firm recently learned that some of the cases that did not receive 45-day letters were intentionally frozen by the DOL due to multiple filings. The DOL is better able now than in the past to identify multiple cases filed in different jurisdictions by an employer for a particular beneficiary. They have advised us that these cases are, for the time being, frozen in the system. As of this writing, there has been no communication from the DOL regarding these cases. Thus, some of the cases that did not receive 45-day letters are attributable to this freeze. One possible remedy appears to be for the employer to decide on the case that will be pursued, and to withdraw the other/s. Of course, this decision should be made after consultation with a qualified and experienced immigration attorney to carefully weigh the pros and cons of each option.
http://www.murthy.com/news/n_daylet.html
Click to expand...
I read that posting at murthy and told my lawyer about it but he told me he was not aware of such a procedure so he did not want to withdraw the oldest case (DBEC) as I suggested him. Both my cases are RIR so no recruitment has to be done.
I think it is weird that they lost the case since the initial entry was done and the H1B7YRS screenshot shows almost all field filled out. You might be right that the case was never not lost but I don't see any point in having the employer re-file. What difference will it make? Why in your case they haven't told you to re-file?
As I told you my two case cases were different. Same employer and position but different city and wage. I think the procedure that murhty posted was about same information in both cases.
Both PBEC and DBEC have responded to the NO BEC CONTACT email?
In my case DBEC responded that the case was active and in data review but the case number is still a "T" and can't check it out in PDS. PBEC responded that the case was lost and we re-file and a week after they send an email with a new case starting with "P" and now I can check this out in PDS.
 
frestre said:
I read that posting at murthy and told my lawyer about it but he told me he was not aware of such a procedure so he did not want to withdraw the oldest case (DBEC) as I suggested him. Both my cases are RIR so no recruitment has to be done.
I think it is weird that they lost the case since the initial entry was done and the H1B7YRS screenshot shows almost all field filled out. You might be right that the case was never not lost but I don't see any point in having the employer re-file. What difference will it make? Why in your case they haven't told you to re-file?
As I told you my two case cases were different. Same employer and position but different city and wage. I think the procedure that murhty posted was about same information in both cases.
Both PBEC and DBEC have responded to the NO BEC CONTACT email?
In my case DBEC responded that the case was active and in data review but the case number is still a "T" and can't check it out in PDS. PBEC responded that the case was lost and we re-file and a week after they send an email with a new case starting with "P" and now I can check this out in PDS.
Click to expand...

I didn't realize that your application is RIR. I think if they see 2 files for the same employee/same employer deal, they might ask to refile again to see if any modification takes place. (if this happens, its easy to deny the case).

I am not sure if my case reach that far. So far, we have not received anything from them yet. I understand that you have 2 cases in 2 different BECs, which is obvious that you filed in 2 different states. Only DBEC has responded on NO BEC CONTACT email. We only include our DBEC case, not PBEC case. We may get email from them in recent days, lets see how it goes.
 
My "T" finally changed to "D"

Hey this is to inform you that my DPEC case now starts with "D" and I can see it in the PDS. So for all of you that are in the same boat it could be a matter of time. My case status now is "DATA REVIEW".
 
frestre said:
Hey this is to inform you that my DPEC case now starts with "D" and I can see it in the PDS. So for all of you that are in the same boat it could be a matter of time. My case status now is "DATA REVIEW".
Click to expand...


Yep, I can see my case in PDS as well. But the status is withdrawn. As we all know this is a glitch in their system, and they are working to fix it. I also inquired with the attorney. He too received a letter from BEC about the withdrawl. This is a good sign to me to see the case has finally seen the PDS application. Thanks for your post.
 
Response from DBEC FOR T- Case NON-RIR

Irresponsible Response from Backlog center: For Non-Rir T-Case.


Hello,



This e-mail is to inform you that the request is not eligible to be
processed based on the procedures posted by the Office of Foreign Labor
Certification (OFLC) on their website for the reason(s) marked below:



___ The case is active and pending in the system. Please use the PDS system
for status checks about the case.



___ The request was not e-mailed timely within 30 days of the announcement
according to the procedures posted.



___ The BEC received correspondence from the employer or their attorney
regarding the application following the BEC's 45-day Center Receipt
Notification Letter (CRNL). This indicates that BEC contact had been
received about this application. Please use the PDS system for status checks
about the case.



___ Only the employer or attorney/agent of record may make the request about
the application.



_X_ BEC records indicate a final disposition (voided) was made regarding
this case at the state or regional level.



___Other:



Thank you,


Dallas BEC
-------------------------------------------------------------
Hello,



The Philadelphia Backlog Elimination Center (BEC) has received a request to our "no BEC contact" e-mail address regarding the applicant and alien referenced in your email below.



This e-mail is to inform you that the request is not eligible to be processed based on the procedures posted by the Office of Foreign Labor Certification (OFLC) on their website for the reason(s) marked below:





_X__ The request was not e-mailed timely within 30 days of the announcement according to the procedures posted.




Thank you,



Philadelphia BEC


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