satishku_2000
08-23 03:23 PM
Received FP Notice in mail today
485 RD: Jul 2 2007
485 ND: Aug 7 2007
FP ND : Aug 14 2007
FP Date: Aug 28 2007
Is it from NSC or TSC
485 RD: Jul 2 2007
485 ND: Aug 7 2007
FP ND : Aug 14 2007
FP Date: Aug 28 2007
Is it from NSC or TSC
averagedesi
08-27 08:24 PM
The only way I got to a rep is not choosing any option, the system assumes you are on rotary dial and connects you to a human
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of or timely response to a 45-day letter, including applications withdrawn by an employer or its representative; applications for which the response to the 45-day letter was untimely or insufficient; or cases closed for late or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.
vicsthedude
04-28 09:15 AM
I travelled back from India on 04/26/09 via Detroit. All I was carrying was PP, AP and EAD.
There were absolutely no issues, wasn't asked a single question on entry.... looks like all
the stories of trouble at POE are baseless.
There were absolutely no issues, wasn't asked a single question on entry.... looks like all
the stories of trouble at POE are baseless.
more...
vphope
04-04 12:22 PM
Is attorney not in the loop?
Why didnt he get any info?
Are we supposed to be monitoring all these...:mad:
Why didnt he get any info?
Are we supposed to be monitoring all these...:mad:
abhijitp
10-30 05:35 PM
If it is the first time, they might ask for a birth certificate
We got a new SSN for my wife after we got her EAD in the mail. They did not ask for the birth certificate. They only needed a valid id (such as passport/ driving license) + the EAD card + completed application form. We got the SSN card in less than 10 days, but I think this depends on where you are. If it helps, we were told 10 days, and we actually got it in 10 days.
We got a new SSN for my wife after we got her EAD in the mail. They did not ask for the birth certificate. They only needed a valid id (such as passport/ driving license) + the EAD card + completed application form. We got the SSN card in less than 10 days, but I think this depends on where you are. If it helps, we were told 10 days, and we actually got it in 10 days.
more...
smuggymba
10-08 04:54 PM
You have to actually work for company A- be on their staff, be on their payroll, be there full time employee. W2 is only issued if u work with them and draw salary.
Yeah question is what defines employment with them?
Yeah question is what defines employment with them?
desi485
09-16 02:30 PM
There is no risk. I recently traveled and came back on AP and I changed jobs and no longer work with sponsoring employer.
There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.
I myself have travelled using AP and the experience was plesant. Also I have not heard about anybody who was NOT ALLOWED to re-enter with a valid AP in hand. Very rare few ppl reported rude treatment but still they were finally allowed. Hopefully, you should have a trouble free - stress free experience. Good Luck!
There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.
I myself have travelled using AP and the experience was plesant. Also I have not heard about anybody who was NOT ALLOWED to re-enter with a valid AP in hand. Very rare few ppl reported rude treatment but still they were finally allowed. Hopefully, you should have a trouble free - stress free experience. Good Luck!
more...
english_august
07-18 12:27 AM
It's a free country and everyone, including Lou Dobbs have a right to voice their opinion - boycotts will not serve any purpose.
If you feel so passionately about it, here's what I suggest. Create a blog/website and every single day after his program, post an article pointing out factual inaccuracies in Lou's reports and views. If you don't want to watch the program, then CNN publishes a transcript a couple of hours later - follow that.
It's hard work but believe me - do it consistently and do it well and you will see that it will work.
Best of luck and post the address of your site/blog here should you decide to do it.
If you feel so passionately about it, here's what I suggest. Create a blog/website and every single day after his program, post an article pointing out factual inaccuracies in Lou's reports and views. If you don't want to watch the program, then CNN publishes a transcript a couple of hours later - follow that.
It's hard work but believe me - do it consistently and do it well and you will see that it will work.
Best of luck and post the address of your site/blog here should you decide to do it.
raysaikat
05-30 01:22 PM
Hi,
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.
Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?
Worried,
P
The visa stamp on your passport does not determine your status once you are inside USA. Visa stamp on the passport is used just for entering the US. It is like a movie ticket. You will need the visa stamp on the passport only if you go out and need to come back again. The expiry date on the visa stamp simply means you cannot use that stamp to enter US after that date.
Once you are inside US, usually it is I-94 that determines how long you can stay. In the case of F1, usually I-94 says D/S, which means "Duration of Status" --- i.e., as long as your F1 status holds according to I-20, you are good. OPT is a part of F1. So as long as you do not stay beyond the date of OPT expiration, you are good.
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.
Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?
Worried,
P
The visa stamp on your passport does not determine your status once you are inside USA. Visa stamp on the passport is used just for entering the US. It is like a movie ticket. You will need the visa stamp on the passport only if you go out and need to come back again. The expiry date on the visa stamp simply means you cannot use that stamp to enter US after that date.
Once you are inside US, usually it is I-94 that determines how long you can stay. In the case of F1, usually I-94 says D/S, which means "Duration of Status" --- i.e., as long as your F1 status holds according to I-20, you are good. OPT is a part of F1. So as long as you do not stay beyond the date of OPT expiration, you are good.
more...
MerciesOfInjustices
03-25 09:09 AM
TOI is the champion of these kind of nonsense, after S.1932 was passed by the senate they published an article saying 'Good news, A bill for Green card increase, H1B increase ..... have been passed by U.S. lawmakers' with no mention of house hurdle etc. I fail to digest that the reporter who is writing the article doesn't know, after the bills get passed in the Senate they go to Congress. But it's TOI they can do that.
Write to TOI, the article is from a news agency but they should be talking about legal immigration issues more.
Write to TOI, the article is from a news agency but they should be talking about legal immigration issues more.
new2perm
12-29 10:01 PM
EB3 - Priority date 06/06
Filed on Aug 17th @ Nebraska service center. Received EAD. AP status pending.
Finger printing done on 12/08.
Soft LUD on I-485 for self and spouse on 12/10,12/11,12/15,12/18,12/28.
LUD on approved I-140(approved 10/06) on 12/02. Received the 'Your application has been approved....' email from CRIS too on 12/02!!
This is getting me really tensed :-(
Filed on Aug 17th @ Nebraska service center. Received EAD. AP status pending.
Finger printing done on 12/08.
Soft LUD on I-485 for self and spouse on 12/10,12/11,12/15,12/18,12/28.
LUD on approved I-140(approved 10/06) on 12/02. Received the 'Your application has been approved....' email from CRIS too on 12/02!!
This is getting me really tensed :-(
more...
gc28262
07-29 11:04 PM
I don't think that dude knows what he is talking about. Anyway EB1 cases ARE separate from EB2/EB3 and ARE adjudicated separately than the rest. That's why it is current and I don't know what more that dude wanted...Just few months here and there in adjudication process of EB1 cases...so what? In this whole mess of years and years of waiting for others, what's the big deal?
This particular EB1 gc aspirant has been waiting for his gc even after 2-3 years of his PD becoming current. He don't want EB1 applications to be subjected to the processing times set for EB2/EB3 etc.
His point is, it does not make sense to wait 2-3 years for a GC once his date is current.
This particular EB1 gc aspirant has been waiting for his gc even after 2-3 years of his PD becoming current. He don't want EB1 applications to be subjected to the processing times set for EB2/EB3 etc.
His point is, it does not make sense to wait 2-3 years for a GC once his date is current.
frostrated
07-11 12:09 PM
I see dark every where for EB3 until we do something there is no hope guys.....
This is really suc...............
actually, i think that the EB3 will also make rapid advances come October.
with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.
This is really suc...............
actually, i think that the EB3 will also make rapid advances come October.
with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.
more...
babu123
06-29 10:10 AM
What I heard is, 485 packet need to be send to the office where the I-140 got approved.
bigboy007
04-17 09:31 AM
In case of NOC codes you can only try to make sure you have same / similar duties , In case of parent labor you can see your Job code but not the new one. This is what i think , try to make justification on Job duties ...
Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.
Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.
more...
greyhair
09-18 08:25 AM
thread starter is saying it will make dates current....how is this possible with the same amount of spillover?
Family based is also heavily backlogged. How can there be flow of thousands of unused visas in Family Based for flow to Employment Based? Even in Family based there are categories 1, 2A, 2B, 3 and 4. The visas will first flow from top to bottom in Family Based. Wouldn't all the categories have to be current before any visas flow to Employment based? I read somewhere that the employment based backlog size is 800,000 applications. :confused: Let's say even if there is a small number of visa flow from Family Based to Employment Based, how can a small number of visa flow from Family Based to employment based backlog be sufficient to approve 800,000 applications?
Family based is also heavily backlogged. How can there be flow of thousands of unused visas in Family Based for flow to Employment Based? Even in Family based there are categories 1, 2A, 2B, 3 and 4. The visas will first flow from top to bottom in Family Based. Wouldn't all the categories have to be current before any visas flow to Employment based? I read somewhere that the employment based backlog size is 800,000 applications. :confused: Let's say even if there is a small number of visa flow from Family Based to Employment Based, how can a small number of visa flow from Family Based to employment based backlog be sufficient to approve 800,000 applications?
gc_eb2_waiter
03-28 03:25 PM
This is really a great effort to bring all immigration related information under one roof.
I have one suggestion. Is it possible to increase number of rows to 200( choice to users with 25/50/100/200 showings per page) and show more than 5 pages of data. I believe at least 10 pages is a good start.
I have one suggestion. Is it possible to increase number of rows to 200( choice to users with 25/50/100/200 showings per page) and show more than 5 pages of data. I believe at least 10 pages is a good start.
Green.Tech
06-10 11:48 PM
But don't lose heart. There are many, if not all, who are with you in this initiative.
I agree and kindly request again to those folks who are with us in this initiative, and for those who are on the fence, please come forward and participate in IV's campaigns.
I agree and kindly request again to those folks who are with us in this initiative, and for those who are on the fence, please come forward and participate in IV's campaigns.
skarthy
08-12 05:54 PM
hello all,
Lets say you are a citizen here or your son is a citizen becasue he was born here.
Then you decide to go back and he starts studing with the PIO, I guess that works till he gets to college(Govt colleges are NRI quota right?)
Then when he want to work there dose he have to get a VISA like us comming here to work ?
I ask this becasue a friend of mine said a major IT company in India said that such a person cannot work in India without a VISA and they are not sponsering any visa's now.
so when he tried to come to the US, it seems that he had to pay for all his education as an NRI would have paid.
also if you reject the US citizenship and US is not going to give you any visa..ever !
Lets say you are a citizen here or your son is a citizen becasue he was born here.
Then you decide to go back and he starts studing with the PIO, I guess that works till he gets to college(Govt colleges are NRI quota right?)
Then when he want to work there dose he have to get a VISA like us comming here to work ?
I ask this becasue a friend of mine said a major IT company in India said that such a person cannot work in India without a VISA and they are not sponsering any visa's now.
so when he tried to come to the US, it seems that he had to pay for all his education as an NRI would have paid.
also if you reject the US citizenship and US is not going to give you any visa..ever !
vnsriv
08-14 03:30 PM
Please update on who received their FP notices:
485 RD:
485 ND:
FP ND:
FP Date:
Got spouse's
485 RD:
485 ND:
FP ND:
FP Date:
Got spouse's
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