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.
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
labordrags,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.
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.
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.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
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.
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".