BPC Accident - Some Pending LCs Withdrawn
Posted Nov 17, 2006
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The U.S. Department of Labor (DOL) has indicated that it is aware of accidental withdrawals of labor certifications (LCs) at their Backlog Processing Centers (BPCs). These withdrawals occurred in cases for which a beneficiary had a labor certification at the BPC AND the employer filed a PERM case for the employee as beneficiary / employee. These withdrawals should not have occurred, however, because the PERM cases were not re-files asking for conversion with the retention of the priority dates of the cases pending at the BPC. BPC cases are only supposed to be withdrawn when a request is made in the PERM filing that the BPC case be converted and the priority date retained in the new PERM case.
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The Murthy Law Firm received direct confirmation from the DOL that this was the result of an error on their part, and that it is being addressed. They have ascertained that the mistaken withdrawals occurred because of a software glitch, which is currently being corrected. As of this writing, there has been no indication of how many cases may have been impacted. The DOL has stated that they will be providing additional information when the problem is resolved.