DOL Fixing Erroneously Withdrawn Cases Posted Nov , 2006 ©MurthyDotCom The U.S. Department of Labor (DOL) has stated that they expect reinstatements for the erroneously withdrawn labor certifications that were the topic of our November 17, 2006 MurthyBulletin article, BPC Accident - Some Pending LCs Withdrawn, available on MurthyDotCom. These should show up in their system on or after November 30, 2006. As previously reported, the DOL withdrew some labor certifications at the Backlog Processing Centers (BPCs) in error. They acknowledged this error and their intention to correct the problem. ©MurthyDotCom Wait until December 1, 2006 ©MurthyDotCom The DOL is requesting that individuals with cases among those that were withdrawn in error refrain from checking the DOL system until December 1, 2006. The concern is that so many simultaneous attempts to access information will overtax the system, possibly resulting in a crash. ©MurthyDotCom Cases Should Not Be Harmed ©MurthyDotCom Once the system is reset, the DOL indicates that these cases will be returned to their proper places in the processing queue and that they will have their original priority dates. Some form ETA-750 applications (the pre-PERM labor certification form) also were returned among the erroneous withdrawals. The DOL will be issuing an announcement shortly that will explain the procedure for sending these forms back to the DOL. One should not attempt returning such a form until instructions from the DOL have been made public. ©MurthyDotCom Conclusion ©MurthyDotCom We at the Murthy Law Firm are pleased that the DOL promptly acknowledged their error, made an announcement, and is working to fix this problem. We hope that they will be able to resolve this matter within (or before) the timetable that they have set, so that these already long-delayed cases can move forward. Sensitivity and speed in rectifying this situation will be a help to all concerned. Copyright © 2006, MURTHY LAW FIRM. All Rights Reserved
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