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Backlog Processing Center Labor processing for those who applied before Mar 28

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  #1 (permalink)  
Old 07-12-2007, 11:14 AM
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Default Case closed in PBEC

My EB3 RIR was closed in PBEC. I have a T number which was never converted to a P number and I cannot lookup the case status online. My case number is T-05137-XXXXX. When I look online it says "No records found". When I called the PBEC number they told me that it has been closed per DOL instructions. They never sent a 45-day letter for it.

My lawyer is not doing anything about it. What can I do about this case? Go through another lawyer? Please advise.

I got another labor approved from DBEC, same company, same job, EB3 RIR. That labor has an older priority date. But I really wanted the one that's in PBEC as that has the earlier priority date. Anybody in the same boat? What are my options?

Thanks.
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  #2 (permalink)  
Old 07-12-2007, 11:21 AM
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Please contact murthy lawyer. She will be able to help you. Please have a public chat on next monday starting 9:00 pm in www.murthy.com and in right side there is a chat window.
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  #3 (permalink)  
Old 07-12-2007, 12:13 PM
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Quote:
Originally Posted by nk0530
My EB3 RIR was closed in PBEC. I have a T number which was never converted to a P number and I cannot lookup the case status online. My case number is T-05137-XXXXX. When I look online it says "No records found". When I called the PBEC number they told me that it has been closed per DOL instructions. They never sent a 45-day letter for it.

My lawyer is not doing anything about it. What can I do about this case? Go through another lawyer? Please advise.

I got another labor approved from DBEC, same company, same job, EB3 RIR. That labor has an older priority date. But I really wanted the one that's in PBEC as that has the earlier priority date. Anybody in the same boat? What are my options?

Thanks.
Since you already have an approved LC from DBEC and with the LC substitution going away, I can understand why the lawyer has no motivation to get your PBEC LC approved. Either way, one LC would go waste and he/she does not want to spend time/money on arguing over the PBEC case.

How much is the difference in the two PDs? If it's just a month or so, then it's futile. If it's significant enough, I think you should talk to your lawyer about the importance of an earlier PD...it's clear he/she doesn't think it's a big deal. Also, if the jobs for the two LCs are different (I would assume so), then you have to be willing to do the job for the LC that you use and your company must be willing to hire you in that job after your GC comes through.

If nothing works, then try to get your manager involved. Good luck.

Thanks,
Jayant

Last edited by PD_Dec2002; 07-12-2007 at 02:35 PM.
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  #4 (permalink)  
Old 07-12-2007, 02:21 PM
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Default Significant difference is PD

The PD varies by 5 months. The one in limbo has Nov 2002 and the one that I have approved has March 2003.

Manager says talk to lawyer. Lawyer is lazy and responds they may have closed the earlier one because the later one was approved. But the earlier one never made a traction, regardless of how the later one progressed.

Is it true that if there were two cases for the same person only one got approved? I feel like talking to another lawyer but want to know members opionion here as to whether that is worth it or would it produce any positive outcome.

Please advise, Thanks.
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  #5 (permalink)  
Old 07-12-2007, 02:44 PM
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How come you applied two LCs for the same job with the same company.....Your lawyer might as well be right that BEC closed the earlier LC file as you applied another LC for the same job with the same company at a later time.....I think BECs did release some guidelines in 2005/2006 regarding this situation..You might want to check the archives on www.immigration-law.com or www.immigration.com forums.......I remember the guidelines were for PERM filings for the same job/same company situation (not PD transfers)....But I am not sure if they implemented the same for BEC Non-RIR/RIR type cases too, but have a feeling that they might have followed same guidelines for pre-PERM cases too....Checking the archives and doing some research would surely help.....
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