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

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  #1 (permalink)  
Old 08-19-2007, 12:41 AM
Junior Member
Priority Date
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Dec-02
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EB3
I140 Mailed Date
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Labor Certification
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Join Date: Aug 2007
Posts: 13
rhlsur is an unknown quantity at this point
Default TR Case - EB3 - Case closed due to lawyer non response

****** FURTHER UPDATE ON THIS - VERY BIZARRE ******

With regards to my original post below my lawyer got back to me today with something bizarre -
She received a case closure letter from the Backlog center in July 2007 and they sent a copy of the application we had originally filed. In it, the company address has been struck out and another address (70 miles from where we are) was hand written. She faxed me a copy of this and it is nothing short of bizarre. Does DOL actually make changes like this on their own without a confirmation letter from the Company or attorney. I know my attorney would not do such a thing unless we had requested it. Also, the new address was a company (totally different name) that specialized in pool plastering - nothing to do with Computer engineering which is my area. Currently she's placed a call to the backlog center and since they don't answer calls directly we are waiting to hear back from them. Additionally she's writing to them too. Has anyone been in such a situation and can IV help in addressing this with any agency?

Thanks.


***** ORIGINAL POST ******
Hi,

My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.

While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.

1. Have any of you been in this situation and had your case reopened and if so, how?

2. Can I change my attorney in this situation and have him/her try to get the case reopened?

Any advice would be much appreciated.

Thanks.

Last edited by rhlsur; 08-20-2007 at 04:00 PM. Reason: Update on case
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  #2 (permalink)  
Old 08-19-2007, 01:24 AM
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Apr-00
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N/A
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green1 is on a distinguished road
Unhappy lawyer problem

I have problem with my lawyer too .I found out he made a mistake on my application concerning my information.my employer gave me the password so I checked my status on line.and when I asked him what gonna happen with my application .he were furious and he ask me who told you and he says thats not true.but I saw every thing with my proper eyes .any way he told me that next time if I wana talk to him I have to send him a check of 250 dollar the price of the consultation.then he can answer my question.and he told me that if he wana hurt me he can do it.I don't know what he means.and after I called my employer to tell him about the lawyer .today I foundout that the password for checking the status was changed. here's my story friends .plus my perm is pending for 127 day by now. please guys advice
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  #3 (permalink)  
Old 08-19-2007, 01:40 AM
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Priority Date
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Jul-06
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EB2
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India
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Default

Quote:
Originally Posted by green1 View Post
I have problem with my lawyer too .I found out he made a mistake on my application concerning my information.my employer gave me the password so I checked my status on line.and when I asked him what gonna happen with my application .he were furious and he ask me who told you and he says thats not true.but I saw every thing with my proper eyes .any way he told me that next time if I wana talk to him I have to send him a check of 250 dollar the price of the consultation.then he can answer my question.and he told me that if he wana hurt me he can do it.I don't know what he means.and after I called my employer to tell him about the lawyer .today I foundout that the password for checking the status was changed. here's my story friends .plus my perm is pending for 127 day by now. please guys advice
if you are within 6 years of your H1 change jobs ASAP, you need a supportive employer at many stages in the GC process. As it is the ride is wild and painful, if your employer is also acting smart it can be horrible for you. Jump to a better employer (even if you take say a 10% hit in pay) and restart GC asap.
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  #4 (permalink)  
Old 08-19-2007, 09:03 AM
Senior Member
Priority Date
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Nov-05
Category
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EB2
I140 Mailed Date
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03/01/2007
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India
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I-485
I485 Mailed Date
:
07/02/2007
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Default

Forgive me but being an active volunteer I am seeing state of the affair so was compelled to make these comments.

You are on 8th year of extension and this is a very stressful moment for you.
IV probably can't help you a lot at this time as it is after the fact but it can help others before such thing happens.

We are a growing union, which is run by people like you and me. If folks are not actively involved loobying for a) getting laws changed b) developing relationships with law makers and USCIS c) creating leverage of our unity over lawyers, these incidents will continue to happen.

If we had become powerful enough, then in the cases like this IV would have hold high level meeting with USCIS to resolve this gentleman problem. But unfortunately, we are still a strugling union to get members to volunteer.


Quote:
Originally Posted by rhlsur View Post
Hi,

My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.

While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.

1. Have any of you been in this situation and had your case reopened and if so, how?

2. Can I change my attorney in this situation and have him/her try to get the case reopened?

Any advice would be much appreciated.

Thanks.
__________________
We are in agony and pain. Let us scream so loud that even deafs may lend their ears.
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  #5 (permalink)  
Old 08-19-2007, 10:16 AM
Senior Member
Priority Date
:
Nov-02
Category
:
EB3
I140 Mailed Date
:
01/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/25/2007
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Join Date: Jan 2007
Posts: 96
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Default I faced this Problem in 2005

Dear Friend

Look at my signature, my case is very similar to yours, (PD Nov 2002). I guess DOL has messed up few cases during that time (Dallas). My labor application was also closed in 2005 due to non response. I had found out by sending an email to the BEC and they had replied with a screen shot.
How did it get resolved - Everything has to be done by your lawyers, they have to send the proof of reply for 45 day letter ( Fedex / ups etc dated back then) only then DOL will reopen you case, once they reopen a desicion will be made very soon. Work with you lawyer OR your company , he / she is the only person who can get you back on track. I guess is your lawyer has messed up for sure, try your company represenative to help you in this matter, because they are the only people who can talk to DOL


Bang

Quote:
Originally Posted by rhlsur View Post
Hi,

My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.

While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.

1. Have any of you been in this situation and had your case reopened and if so, how?

2. Can I change my attorney in this situation and have him/her try to get the case reopened?

Any advice would be much appreciated.

Thanks.
__________________
Labor filed - Nov, 22 2002, approval - Dec 2005
140 filed - Dec, 28 2005, approval - Jan 2006
485 (EB3) - Vermont Service Center -June, 25 2007
RD - July 25th 2007
Upgraded to EB2 in July 2012.
Interfiling letter sent by Attorney on Oct 1st 2012
Opened SR on Oct 15th
USCIS Requested Interfiling Letter for upgrade (No RFE, just a Mail Response sent to me) - Oct 22
Sent Interfiling Letter & email (Personal - no Attorney) - Oct 25
Opened SR on 11/15
485 Approval - end of Nov 2012.

Last edited by bang; 08-19-2007 at 10:20 AM. Reason: more details given
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