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of or timely response to a 45-day letter, including applications withdrawn by an employer or its representative; applications for which the response to the 45-day letter was untimely or insufficient; or cases closed for late or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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immigrationbond007
07-04 06:26 PM
Firstly, congrats!! BTW, when did you get the fingerprinting completed in your case? Want to get an idea as to how fast the whole process was done. Lets hope it is this way when our turn comes ;)
I am from Bosnia, so yes I guess it's ROW (rest of the world).
I whish you all the best resolution of this crisis. Trully. I really feel your pain and the pain of many of my friends who are affected by this.
I know when I first came on this site, it was devastating to read about so much negative stuff, so many cases in a limbo for years. I wanted to read som positive stories too. So, I hope that cases like mine give some people hope.
I am from Bosnia, so yes I guess it's ROW (rest of the world).
I whish you all the best resolution of this crisis. Trully. I really feel your pain and the pain of many of my friends who are affected by this.
I know when I first came on this site, it was devastating to read about so much negative stuff, so many cases in a limbo for years. I wanted to read som positive stories too. So, I hope that cases like mine give some people hope.
sreeanne
11-21 03:36 PM
You can contact USCIS and you wont be out of status based on the fact that you dont have I-94 with you. Your information will be in their systems showing that your stay is legal. I think they will issue duplicate I-94 for you.
Above all is my guess but contact USCIS or your lawyer, thats the best way.
Above all is my guess but contact USCIS or your lawyer, thats the best way.
2011 images Nicki Minaj and
Bharam
06-06 09:19 AM
Fellow IVians,
Contributed $200 for the cause.
Wish you all the best
Contributed $200 for the cause.
Wish you all the best
more...
vedicman
01-27 11:04 AM
Does anyone have a link to this bill/article? I don't see anything on the news yet.
According to Thomas.gov, the text of the bill is unavailable.
However, it has been read twice and referred to the Senate Judiciary committee.
Could this bill be the framework Reid was working on in 2010?
According to Thomas.gov, the text of the bill is unavailable.
However, it has been read twice and referred to the Senate Judiciary committee.
Could this bill be the framework Reid was working on in 2010?
mannan74
08-27 06:01 PM
The answer is right there for you
"Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa)."
So not sure what your question is?
"Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa)."
So not sure what your question is?
more...
digitalborealis
01-10 06:24 AM
Research statement? Have never heard about that one! Are you a postdoctoral research fellow?
No I am not a research fellow. Just Telecomm Engineer who has Master's Degree from US. I just interpreted Research Item in 221G Green Document as my Thesis work and explained it in the research statement along with the other documents.
D
No I am not a research fellow. Just Telecomm Engineer who has Master's Degree from US. I just interpreted Research Item in 221G Green Document as my Thesis work and explained it in the research statement along with the other documents.
D
2010 Nicki Minaj, And Drake
immi_enthu
08-28 11:28 AM
According to the legal assistant:
Traditional Labor:
Incase of substitution the beneficiary has to sign the approved labor. Otherwise it is not required.
PERM: Requires beneficiary's signature.
Thanks bond65
Traditional Labor:
Incase of substitution the beneficiary has to sign the approved labor. Otherwise it is not required.
PERM: Requires beneficiary's signature.
Thanks bond65
more...
paskal
11-09 03:43 PM
What main theme do you expect for probable resume?
if you have a resume, we'll just ask you to send it along
as i said it's only purpose is to see if we can identify and match skillsets for various action itmes/iv roles/work groups. sometimes some things come up and we find great matches that way...
we are not really interested in your GPA (superlative as i'm sure that is!) :D
if you have a resume, we'll just ask you to send it along
as i said it's only purpose is to see if we can identify and match skillsets for various action itmes/iv roles/work groups. sometimes some things come up and we find great matches that way...
we are not really interested in your GPA (superlative as i'm sure that is!) :D
hair nicki minaj and drake
mhtanim
09-15 02:05 PM
I can see it. Refresh your browser
Thanks inskrish for the news.
Anyway, the Proc. dates are a heap of bull shit. The NSC Proc date for I-485 says July 08 2007. We all know the dates were 'U' and noone could have filed a I-485 between July 2 - July 17th (July 2 fiasco). So how can the oldest application that the NSC is blocked on can be dated July 08 2007 !!!
Even if they came across ineligible applications like that, wouldn't they just outright reject them and quickly move on to some other application that they can process??? Why would they consider themselves blocked on such application(s) and issue the processing date to reflect such transient status ???
Some people actually did file during July 2 through July 17 and I am one of them. My law firm (one of the top immigration law firms) was actively involved with the AILF to file the lawsuit against DOS at that time. The law firm recommended all their clients to file I-485 even after July 1st as they though AILF has really good chances of winning the lawsuit.
Thanks inskrish for the news.
Anyway, the Proc. dates are a heap of bull shit. The NSC Proc date for I-485 says July 08 2007. We all know the dates were 'U' and noone could have filed a I-485 between July 2 - July 17th (July 2 fiasco). So how can the oldest application that the NSC is blocked on can be dated July 08 2007 !!!
Even if they came across ineligible applications like that, wouldn't they just outright reject them and quickly move on to some other application that they can process??? Why would they consider themselves blocked on such application(s) and issue the processing date to reflect such transient status ???
Some people actually did file during July 2 through July 17 and I am one of them. My law firm (one of the top immigration law firms) was actively involved with the AILF to file the lawsuit against DOS at that time. The law firm recommended all their clients to file I-485 even after July 1st as they though AILF has really good chances of winning the lawsuit.
more...
Munna Bhai
10-15 01:44 PM
Hello Friends,
I have recently seen an excellent summary on this but now I am not able to find it. Below are my doubts and would appreciate some inputs or please direct me to that link...
1) Have a Job on H1B
2) Received EAD.
My Question is "Can I take up a second job on EAD and continue using H1B for my first job?"
Pl adice.
Thanks much.
PD: Feb 2005, EB2
RD: 20th July 07
ND: 17 th Aug 07
Two letter answer to your question: NO, once you use EAD(full time or part-time), you loose H1b status.
I have recently seen an excellent summary on this but now I am not able to find it. Below are my doubts and would appreciate some inputs or please direct me to that link...
1) Have a Job on H1B
2) Received EAD.
My Question is "Can I take up a second job on EAD and continue using H1B for my first job?"
Pl adice.
Thanks much.
PD: Feb 2005, EB2
RD: 20th July 07
ND: 17 th Aug 07
Two letter answer to your question: NO, once you use EAD(full time or part-time), you loose H1b status.
hot Drake | Cash Money Fan
somegchuh
10-30 05:17 PM
[Apologies for the cross-post]
Since there are lot of ppl here who have had EAD/AP for years ...
Do you know if USCIS lets you petition for renewal of EAD/AP only 4 months before expiry? Our legal assistant says that they can not apply for renewal until its 4 months to expiry. I was under the impression that we could apply six months in advance. Can someone post a USCIS link that provides a definitive answer?
Thanks
Since there are lot of ppl here who have had EAD/AP for years ...
Do you know if USCIS lets you petition for renewal of EAD/AP only 4 months before expiry? Our legal assistant says that they can not apply for renewal until its 4 months to expiry. I was under the impression that we could apply six months in advance. Can someone post a USCIS link that provides a definitive answer?
Thanks
more...
house Drake+and+nicki+minaj+
NKR
08-21 02:29 PM
Dude, what is your hidden agenda?. If you do not have any, then you got to make up your mind, you seem to get different thoughts every day. First was the lawsuit, second was a different lawsuit, now you say that something else suits you�
tattoo Nicki Minaj Gets Married To
arihant
05-01 09:08 AM
Checked DOL website yesterday (4/30) and today (5/01) to see what the front page would say. Sure enough - the image changed from "18 Months Remaining" yesterday to "17 Months Remaining" today!
Web gurus, can you guys make sense of the following lines? I grabbed them from the DOL's website source. Can you tell if this being manually changed or some script is doing it automatically:
<h3 style="color: #990000">Foreign Labor Certification</h3>
<!-- script will be here? -->
<p style="font-weight: bold">Backlog will be eliminated 9/30/2007<br />
<!-- start script -->
<img src="images/17MonthsRemaining.jpg" width="270" height="46" alt="17 Months Remaining" border="0" /></p>
<!-- img src="images/19MonthsRemaining.jpg" width="270" height="46" alt="19 Months Remaining" border="0" /></p -->
Web gurus, can you guys make sense of the following lines? I grabbed them from the DOL's website source. Can you tell if this being manually changed or some script is doing it automatically:
<h3 style="color: #990000">Foreign Labor Certification</h3>
<!-- script will be here? -->
<p style="font-weight: bold">Backlog will be eliminated 9/30/2007<br />
<!-- start script -->
<img src="images/17MonthsRemaining.jpg" width="270" height="46" alt="17 Months Remaining" border="0" /></p>
<!-- img src="images/19MonthsRemaining.jpg" width="270" height="46" alt="19 Months Remaining" border="0" /></p -->
more...
pictures So Drake and Nicki Minaj claim
optimystic
04-22 03:38 PM
As per my understanding, due to the July 2, 2007 fiasco, Visa dates were unavailable for ALL chargeability areas between July 2nd - July 17th 2007 (i.e until USCIS temporarily made relaxation after protests from IV et al. )
So how can the processing date be July 11th !!
It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin no body should have been able to file a case when PDs were not current during that brief time slot (2nd - 17th of july). So are they processing cases out of thin air !! :) (just kidding...I know some people did contine to file after July 2nd despite dates not being current)
If indeed people did continue to file their papers even after July 2nd (and I think some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....
So how can the processing date be July 11th !!
It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin no body should have been able to file a case when PDs were not current during that brief time slot (2nd - 17th of july). So are they processing cases out of thin air !! :) (just kidding...I know some people did contine to file after July 2nd despite dates not being current)
If indeed people did continue to file their papers even after July 2nd (and I think some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....
dresses Nicki Minaj and Drake,
bobzibub
04-28 10:04 AM
...Currently the US is the only country in the world, which puts the priorities of illegals above those of Citizens and legal people within its borders....
...
This statement is utter nonsense.
...
This statement is utter nonsense.
more...
makeup features Drake, Nicki has
DSLStart
04-21 11:56 AM
Was you 485 filed initially at VSC and then transfered to TSC? If so you must have received the orignal transfer notice. That should suffice as orignal 485 receipt.
My wife had gone to DMV in fair oaks mall and they had asked her to produce the original I485 and unfortunately we don't carry it. Our license is going to expire next month.
Anybody know what we can do in this situation. Has anybody got a licence recently from VA state.
thanks
My wife had gone to DMV in fair oaks mall and they had asked her to produce the original I485 and unfortunately we don't carry it. Our license is going to expire next month.
Anybody know what we can do in this situation. Has anybody got a licence recently from VA state.
thanks
girlfriend nicki-minaj-and-drake
kubmilegaGC
09-14 06:58 PM
When you add things up = total 34 responses still waiting...this looks like a low number - anyone else care to vote - so that we try to figure this out on our own??
hairstyles Nicki and Drake seems to be
trueguy
08-11 12:19 AM
Bump
minimalist
10-08 02:50 PM
Could you share how you received the original 485 receipt? I only received a copy of the receipt. Can we request one from USCIS?
Yes I did.
Yes I did.
newbie2020
09-27 10:57 AM
thats a good idea, Instead of starting at 200K raffle, Start small may be 10K raffle or 20K raffle, that would be a good start.
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