rajbgp2002
07-19 04:08 PM
http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_07-10-06.pdf
Frequently Asked Questions on Non-Receipt of 45-Day Letters and on the Process for Addressing Related Requests to Reopen
The Office of Foreign Labor Certification (OFLC) is aware that some employers or their legal representatives who have received �case closed� letters may not have previously received a �45-day� Center Receipt Notification Letter (�45-day letter�) from the Backlog Elimination Center (BEC) processing their respective cases. In additional instances, cases may have been closed after employers or their representatives responded timely to a 45-day letter.
In the backlog, once the vital information in an application is fully entered into the OFLC database, a 45-day letter is the precursor to further processing of that application; the letter functions both as notice to the employer that its application has come up for full processing in the queue, and as a request for confirmation from the employer or its representative that the employer wishes to continue with the case. In cases where the letter attaches a list of corrections or deficiencies in the application, an employer must correct or address these before processing can continue. When a BEC does not receive a response to its 45-day letter, or this response is incomplete in responding to corrections, it closes the case
The process and remedy described below are available to employers who believe a case has been closed due to issues surrounding the receipt of or response to 45-day letters, including:
o Employers who did not receive a 45-day letter after one was issued by a Backlog Elimination Center (BEC); and
o Employers who believe a case was closed after a timely and complete response to a 45-day letter. This includes employers advised of closure through either a case closure letter or a screenshot.
This process is not available for applications closed on grounds unrelated to nonreceipt
of or timely response to a 45-day letter, including applications withdrawn by an employer or its representative; applications for which the response to the 45-day letter was untimely or insufficient; or cases closed for late or insufficient response to any other correspondence or requests other than a 45-day letter. This process is also not an appropriate mechanism for employers, legal representatives, or workers named on an application to inquire about case status or issues not related to case closure. Under any of these additional circumstances, individuals are asked to make use of the more appropriate processes and remedies already in existence at the BECs.
What should I do if I received a �case closed� letter but no 45-day Center Receipt Notification Letter? What if I responded timely to a 45-day letter but my case was subsequently closed? How can I notify the Backlog Elimination Center that I believe my case was erroneously closed and request the Center to reopen the case?
Employers who believe one or more of their cases has been closed for reasons covered by this FAQ, and who wish to request those cases be reopened, must take the following steps:
1.
E-mail the BEC where the closed cased was pending, the Dallas BEC at reopenrequest@dal.dflc.us or the Philadelphia BEC at reopenrequest@phi.dflc.us.
2.
The subject line of the e-mail should read �Request to Reopen�.
3.
Please limit each e-mail request to one application or case number; the nature of the process developed to respond to these requests limits to one the case numbers that can be addressed as a result of any inquiry. Employers with requests for multiple reopenings may submit as many e-mails as appropriate.
4.
The body of the e-mail must include the following information, to allow the BEC to locate, reopen, and prepare to resume processing the appropriate case:
�
Name of employer and correct current address.
�
Correct ETA case number, not a case number from a state workforce agency; alternatively, the e-mail should explain why an ETA case number cannot be provided.
�
Correct current contact information for the employer�s attorney or agent (including name, address, and e-mail address).
�
Name of the alien named on the application.
The body of the e-mail must describe the reason(s) for the request, that is, why the employer believes the case was closed improperly, such as
o �I am the employer/attorney on the application described below. I did not receive a 45-day letter but subsequently received a case closure letter.�
o �I am the employer/attorney on the application described below. I received neither a 45-day letter nor a case closure letter, but the H-1B mailbox indicates my case has been closed.�
o �I am the employer/attorney on the application described below. I received and responded timely to a 45-day letter but subsequently received a case closure letter.�
What can I expect in response to my request to reopen?
Upon each Center�s receipt of the employer or representative�s e-mail request, the Center will issue a standardized, automated electronic notification that the Center has received the request. Response time will vary, depending on volume
of requests received through this electronic mailbox. The employer will receive a second e-mail informing them of the BEC�s determination to either reopen the case or keep the case closed. If the employer�s request is approved and the case reopened, this second e-mail will include a screenshot of the employer�s case reflecting the case is active. If an application is incomplete, the second e-mail will also include the 45-day letter originally sent to the employer and a corrections list. Employers and their representatives will not be receiving a separate 45-day letter or corrections letter by mail, and should treat these documents as requests for action.
Employers should review the screenshot to ensure the BEC has reopened the correct case. If the screenshot shows the appropriate application, the employer will be able to confirm that its case is open and being processed because the �case status� section will not say �closed�, but rather another phase of the process.
How do I respond to the second e-mail from the BEC, containing the screenshot and other information if relevant?
The BEC will treat the employer�s original electronic request to reopen as the equivalent of a confirmation (in response to a 45-day letter) that the employer wishes to continue processing of a case and, if no additional changes or information are needed, will continue processing the case in the appropriate order.
If an application was deemed incomplete at the time the BEC issued the original 45-day letter, and the attachments to the electronic response to the employer includes a corrections letter requests the curing of deficiencies, or any additional information, then � as with any 45-day letter � the employer or its representative must provide the additional information within 45 days to prevent further delays or re-closure of the application. Employers must submit such responses in hard copy, through the mail.
May I contact the BECs by regular mail instead of email?
No, the request to re-open a case must come into the centers electronically.
Who may make the request to re-open a case if we believe it was improperly closed?
Only the employer or attorney of record may make the request to re-open a case. A request from an alien will not be addressed.
Do I have to submit my request to re-open a case within a certain time period?
Yes, to be considered for reopening, all requests must be received by a BEC within 30 days of the publication of the policy announcement or within 30-days of the receipt of a case closed letter, whichever is later.
To whom will responses be sent?
The email responses will only be sent to the employer or attorney who initiated the request.
What do I do if I have not received a �45-day� letter by July 21, 2006?
If an employer does not receive a �45-day� letter by July 21, 2006, email the appropriate Backlog Elimination Center at nobeccontact@dal.dflc.us for the Dallas BEC or nobeccontact@phi.dflc.us for the Philadelphia BEC. The email must contain the following information:
A. Attorney name and address
B. Employer�s name and address
C. Alien�s name and address
D. Priority Date
E. State or Regional location and/or number where case was originally filed
OFLC will publish its policy regarding such cases under separate cover.
Frequently Asked Questions on Non-Receipt of 45-Day Letters and on the Process for Addressing Related Requests to Reopen
The Office of Foreign Labor Certification (OFLC) is aware that some employers or their legal representatives who have received �case closed� letters may not have previously received a �45-day� Center Receipt Notification Letter (�45-day letter�) from the Backlog Elimination Center (BEC) processing their respective cases. In additional instances, cases may have been closed after employers or their representatives responded timely to a 45-day letter.
In the backlog, once the vital information in an application is fully entered into the OFLC database, a 45-day letter is the precursor to further processing of that application; the letter functions both as notice to the employer that its application has come up for full processing in the queue, and as a request for confirmation from the employer or its representative that the employer wishes to continue with the case. In cases where the letter attaches a list of corrections or deficiencies in the application, an employer must correct or address these before processing can continue. When a BEC does not receive a response to its 45-day letter, or this response is incomplete in responding to corrections, it closes the case
The process and remedy described below are available to employers who believe a case has been closed due to issues surrounding the receipt of or response to 45-day letters, including:
o Employers who did not receive a 45-day letter after one was issued by a Backlog Elimination Center (BEC); and
o Employers who believe a case was closed after a timely and complete response to a 45-day letter. This includes employers advised of closure through either a case closure letter or a screenshot.
This process is not available for applications closed on grounds unrelated to nonreceipt
of or timely response to a 45-day letter, including applications withdrawn by an employer or its representative; applications for which the response to the 45-day letter was untimely or insufficient; or cases closed for late or insufficient response to any other correspondence or requests other than a 45-day letter. This process is also not an appropriate mechanism for employers, legal representatives, or workers named on an application to inquire about case status or issues not related to case closure. Under any of these additional circumstances, individuals are asked to make use of the more appropriate processes and remedies already in existence at the BECs.
What should I do if I received a �case closed� letter but no 45-day Center Receipt Notification Letter? What if I responded timely to a 45-day letter but my case was subsequently closed? How can I notify the Backlog Elimination Center that I believe my case was erroneously closed and request the Center to reopen the case?
Employers who believe one or more of their cases has been closed for reasons covered by this FAQ, and who wish to request those cases be reopened, must take the following steps:
1.
E-mail the BEC where the closed cased was pending, the Dallas BEC at reopenrequest@dal.dflc.us or the Philadelphia BEC at reopenrequest@phi.dflc.us.
2.
The subject line of the e-mail should read �Request to Reopen�.
3.
Please limit each e-mail request to one application or case number; the nature of the process developed to respond to these requests limits to one the case numbers that can be addressed as a result of any inquiry. Employers with requests for multiple reopenings may submit as many e-mails as appropriate.
4.
The body of the e-mail must include the following information, to allow the BEC to locate, reopen, and prepare to resume processing the appropriate case:
�
Name of employer and correct current address.
�
Correct ETA case number, not a case number from a state workforce agency; alternatively, the e-mail should explain why an ETA case number cannot be provided.
�
Correct current contact information for the employer�s attorney or agent (including name, address, and e-mail address).
�
Name of the alien named on the application.
The body of the e-mail must describe the reason(s) for the request, that is, why the employer believes the case was closed improperly, such as
o �I am the employer/attorney on the application described below. I did not receive a 45-day letter but subsequently received a case closure letter.�
o �I am the employer/attorney on the application described below. I received neither a 45-day letter nor a case closure letter, but the H-1B mailbox indicates my case has been closed.�
o �I am the employer/attorney on the application described below. I received and responded timely to a 45-day letter but subsequently received a case closure letter.�
What can I expect in response to my request to reopen?
Upon each Center�s receipt of the employer or representative�s e-mail request, the Center will issue a standardized, automated electronic notification that the Center has received the request. Response time will vary, depending on volume
of requests received through this electronic mailbox. The employer will receive a second e-mail informing them of the BEC�s determination to either reopen the case or keep the case closed. If the employer�s request is approved and the case reopened, this second e-mail will include a screenshot of the employer�s case reflecting the case is active. If an application is incomplete, the second e-mail will also include the 45-day letter originally sent to the employer and a corrections list. Employers and their representatives will not be receiving a separate 45-day letter or corrections letter by mail, and should treat these documents as requests for action.
Employers should review the screenshot to ensure the BEC has reopened the correct case. If the screenshot shows the appropriate application, the employer will be able to confirm that its case is open and being processed because the �case status� section will not say �closed�, but rather another phase of the process.
How do I respond to the second e-mail from the BEC, containing the screenshot and other information if relevant?
The BEC will treat the employer�s original electronic request to reopen as the equivalent of a confirmation (in response to a 45-day letter) that the employer wishes to continue processing of a case and, if no additional changes or information are needed, will continue processing the case in the appropriate order.
If an application was deemed incomplete at the time the BEC issued the original 45-day letter, and the attachments to the electronic response to the employer includes a corrections letter requests the curing of deficiencies, or any additional information, then � as with any 45-day letter � the employer or its representative must provide the additional information within 45 days to prevent further delays or re-closure of the application. Employers must submit such responses in hard copy, through the mail.
May I contact the BECs by regular mail instead of email?
No, the request to re-open a case must come into the centers electronically.
Who may make the request to re-open a case if we believe it was improperly closed?
Only the employer or attorney of record may make the request to re-open a case. A request from an alien will not be addressed.
Do I have to submit my request to re-open a case within a certain time period?
Yes, to be considered for reopening, all requests must be received by a BEC within 30 days of the publication of the policy announcement or within 30-days of the receipt of a case closed letter, whichever is later.
To whom will responses be sent?
The email responses will only be sent to the employer or attorney who initiated the request.
What do I do if I have not received a �45-day� letter by July 21, 2006?
If an employer does not receive a �45-day� letter by July 21, 2006, email the appropriate Backlog Elimination Center at nobeccontact@dal.dflc.us for the Dallas BEC or nobeccontact@phi.dflc.us for the Philadelphia BEC. The email must contain the following information:
A. Attorney name and address
B. Employer�s name and address
C. Alien�s name and address
D. Priority Date
E. State or Regional location and/or number where case was originally filed
OFLC will publish its policy regarding such cases under separate cover.
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cool_cat
09-28 09:13 PM
My I-485 application has been received by TSC on July 2nd. I have not received anything yet. My check is also not cashed. Is there anyone who applied on the same date and did not get his RN yet.
Thanks,
Thanks,
morchu
04-23 01:06 PM
I know it is a loss in priority date. But my point is: "does fighting with the lawyer, give him his time back?" In fact by that he is loosing his valuable time and energy further.
If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.
That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.
Also "you pay the lawyer to represent you and to do things for you". The "payment" is not for a 100% error-free service. It is always back on your shoulder to make sure the lawyer is doing the right thing. Many of you may not agree, but that is my view. It is just a service. Not an "error-free-guaranteed" service.
morchu, people like you who put their tail between their legs are the reason some are stuck in retrogression and exploited by our employers and have to face some unprofessional and bad lawyers.
yes you can file a complaint against the lawyer and his license will be revoked. See
http://immigrationvoice.org/wiki/index.php/HOW_TO_REPORT_A_BAD_IMMIGRATION_LAWYER
Just because your labor is cleared you have no feelings for the person on this thread who had to wait for 2 years. Can anyone give him back his lost time?
If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.
That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.
Also "you pay the lawyer to represent you and to do things for you". The "payment" is not for a 100% error-free service. It is always back on your shoulder to make sure the lawyer is doing the right thing. Many of you may not agree, but that is my view. It is just a service. Not an "error-free-guaranteed" service.
morchu, people like you who put their tail between their legs are the reason some are stuck in retrogression and exploited by our employers and have to face some unprofessional and bad lawyers.
yes you can file a complaint against the lawyer and his license will be revoked. See
http://immigrationvoice.org/wiki/index.php/HOW_TO_REPORT_A_BAD_IMMIGRATION_LAWYER
Just because your labor is cleared you have no feelings for the person on this thread who had to wait for 2 years. Can anyone give him back his lost time?
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sbmallik
06-24 10:18 AM
Yes, I would attempt Premium Processing on the pending I-140 first so that I can invoke AC21. I never heard of anyone's GC process jeopardized due to H-1B denial.
more...
chennaigc
11-21 04:27 PM
I have one question . What about the I-94 which comes with I-797 ? Can we use this as replacement?
maddila
07-30 02:31 PM
One of my friends had the same problem from Madras consulate. they eventually called him to come back with the passport after 3 weeks. You will get it but it's just matter of time.........
more...
rani77
10-09 09:29 AM
situation is quite different from CA. True, for first time driver's license, you have to show legal status proof. But, you are issued license for 4 years, irrespective of when your current status expires.
For DL renewal in CA, it happens by mail. You once again get 4 year license. No status proof required.
There is definitely no concept of different form of DL in CA where an officer will be able to receogize from the DL, whether is PR or not, as has become the law in Texas.
CA is quite cool with respect to DL renewals.
This was in past not now.
For DL renewal in CA, it happens by mail. You once again get 4 year license. No status proof required.
There is definitely no concept of different form of DL in CA where an officer will be able to receogize from the DL, whether is PR or not, as has become the law in Texas.
CA is quite cool with respect to DL renewals.
This was in past not now.
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belmontboy
12-10 03:10 PM
The anonymous reputation system is prone to abuse.
People sometimes use derogatory language. It would be great if the names are also published along with ratings.
People sometimes use derogatory language. It would be great if the names are also published along with ratings.
more...
logiclife
12-15 10:39 AM
This is actually good. this means that the company will not meddle in H1B and your papers and do whatever the lawyer says should be done.
That means that you have a chance to hire your own lawyer and establish contact between company and lawyer.
It may cost your some money to hire a lawyer, but trust me, having your own lawyer that is employed by you (rather than employer) is worth 10 times the lawyer's fees. Get a lawyer, ask your company to talk to that lawyer and follow his/her directions. All you company has to do is provide the paperwork.
Tell your company that its not a big deal and even 10-employee companies sponsor H1 and its a matter of paperwork.
That means that you have a chance to hire your own lawyer and establish contact between company and lawyer.
It may cost your some money to hire a lawyer, but trust me, having your own lawyer that is employed by you (rather than employer) is worth 10 times the lawyer's fees. Get a lawyer, ask your company to talk to that lawyer and follow his/her directions. All you company has to do is provide the paperwork.
Tell your company that its not a big deal and even 10-employee companies sponsor H1 and its a matter of paperwork.
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Cali2006
07-07 09:59 PM
Hi,
My ad says MS + 1 yr of experience.
Question 1: My 1 yr will be prior to my MS so can i use this experience ?
If your position requires a MS + 1 year of experience, you must have had the MS + 1 year of experience when you started the job. If you obtained your MS after you started the job this criteria would not be valid.
My ad says MS + 1 yr of experience.
Question 1: My 1 yr will be prior to my MS so can i use this experience ?
If your position requires a MS + 1 year of experience, you must have had the MS + 1 year of experience when you started the job. If you obtained your MS after you started the job this criteria would not be valid.
more...
GCforever1
09-15 01:08 PM
wow !!! freedom when your wife is in India ....go to strip bar and have fun:) you need to enjoy
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
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TwinkleM
07-15 02:04 AM
Thank You sbmallik for your response.
Attorneys, would appreciate your inputs on the above questions...
Also,
Am planning to withdraw my husband's H4 application as he wants to continue his work on EAD.
1) Would this be a problem in his GC journey?
2) If something has to go wrong with my still pending I140, our EAD will not longer be valid. Then, can I apply for his H4 in future?(keeping in mind that his H4 application has been withdrawn right now)
3) Will he need to get out of the country while we file his H4 other then stamping?
4) Am planning to go for stamping to Qubec. Anybody who has recently been there for stamping, could you pls. post your experiences both at the consulate & POE?
Thanx in Advance
Attorneys, would appreciate your inputs on the above questions...
Also,
Am planning to withdraw my husband's H4 application as he wants to continue his work on EAD.
1) Would this be a problem in his GC journey?
2) If something has to go wrong with my still pending I140, our EAD will not longer be valid. Then, can I apply for his H4 in future?(keeping in mind that his H4 application has been withdrawn right now)
3) Will he need to get out of the country while we file his H4 other then stamping?
4) Am planning to go for stamping to Qubec. Anybody who has recently been there for stamping, could you pls. post your experiences both at the consulate & POE?
Thanx in Advance
more...
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Hong12
12-13 11:23 AM
I have a big problem that I got approved on the H1 Recapture to get back into US on January 15, 09 though my attorney screwed up by putting someone else background into the Petition Letter submitted to USCIS with my application. The petition letter to USCIS is all wrong. It states the wrong education, work experience and job duty. They put somebody else background into mine. They put the correct sponsoring company on the first page of the letter though at the end of the second page they put the wrong sponsoring company. In this case, what should I do and what should I answer at the US Consular in Malaysia to get my H1 Visa? What should I do now? Please advise. Do I have to resubmit the application back to USCIS? Will I get rejected? Please help. Thank you very much.
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gcdreamer05
12-18 08:33 PM
hi goel,
Can you find out if you had applied for Change of Status - to change from h4 to h1... talk to your company attornies to find out about it.
Can you find out if you had applied for Change of Status - to change from h4 to h1... talk to your company attornies to find out about it.
more...
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msyedy
02-05 02:26 PM
you have to give the H1 qualifying exam (I think Step 3), then you have to apply for Residency in universities. They all call you for personal interview, and the results are announced in mid march. Once you are selected, they'll process H1 for you. If you do not have step 3 cleared, then they'll process J1 visa for you. Most of these universities come under non-profit so, H1 quota is not a issue for them.
Oh Mr dexto_al read his question properly before giving your precious advise....
Oh Mr dexto_al read his question properly before giving your precious advise....
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India76
06-04 11:24 AM
Senate is planning to vote on THIS friday and I don't see any urgency or any heat(debate) on this topic. today they will strat debating at 2:30????
more...
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a_to_z_gc
10-24 04:10 PM
If the I-140 is approved, you mentioned that the EB category can be changed if the process is initiated from scratch. Does the new application has to be in same area of occupation as the one for which the previous 140 was approved?
Kindly advise...
Thanks!
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
Kindly advise...
Thanks!
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
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lj_rr
07-31 02:01 PM
Iam in exact same situation.Can someone share the detailed process to do this.
Yes. It is called interfiling
Yes. It is called interfiling
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AreWeThereYet
08-06 01:10 PM
DISH Network IPTV (http://www.dishworldiptv.com/index.html)
this is what i am talking about
Thanks for link, Billu. Interesting but seems expensive. Hope they reduce the price :D
this is what i am talking about
Thanks for link, Billu. Interesting but seems expensive. Hope they reduce the price :D
webm
07-09 11:59 AM
Don't worry,the EAD approval rate became faster thesey days..esp TSC/NSC..:)..
On top of that,you should get 2 yr EAD..:)
On top of that,you should get 2 yr EAD..:)
Pagal
09-16 03:43 PM
Hello,
Congrats! Apart from a nice party and some shopping, celebrate by becoming a donor to IV ... help those who are still behind ...
Congrats! Apart from a nice party and some shopping, celebrate by becoming a donor to IV ... help those who are still behind ...
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