Name Check Validity?

unitednations said:
That wouldn't cause a hit - ie., they did a name check for some other purpose in the past (job related, etc.). Only if you have a criminal record, warrants outstanding, etc. would cause a hit. Problem is if you have a common/similar name then it can take a while to clear (hispanics, are particularly susceptible to this).
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Thanks again...
Yes that was my question. Like you had been finger printed by FBI for some job related issue or some immigration to another country then you are now already there in their records. so next time for 485 you are printed again then it should not cause a so called "hit" just because your name is there in the records etc..That was my query after seeing your experience..


What is your opinion/experience?

Dear United Nations,
What is your feedback/opinion on the above questions. Thanks
 
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unitednations, you are trying to help others, however.

I don't think your information is correct.

Name check is done by FBI, it takes couple hours to years to finish.

It IS what slow down many old cases:

CIS would NOT process your case until they receive the feedback from FBI. only after CIS received from FBI your name check clearance, will they proceed with IBIS check, which only takes minutes.

FBI name check is one time deal.
 
old_guy said:
Thanks again...
Yes that was my question. Like you had been finger printed by FBI for some job related issue or some immigration to another country then you are now already there in their records. so next time for 485 you are printed again then it should not cause a so called "hit" just because your name is there in the records etc..That was my query after seeing your experience..


What is your opinion/experience?

Dear United Nations,
What is your feedback/opinion on the above questions. Thanks
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Hi Old_Guy,

I don't think it matters whether your name is there in FBI database for any other purposes(job/immigration etc..)as long as it does not feature in the criminal Database.United Nations has more knowledge than me and he can tell better. But i have heard of people doing fingerprinting for various job security or Immigration to other countries and they do not have any issues at all.

Any thoughts United Nations on this?
 
Hi Unitednations,

Supposing you want to abandon the GC process( at the 485 stage ) and you still have valid H1 for a couple of months more. Can you stay till those few months and return back to your home country?
1) would it cause any issues or do you need to fill up any form for abandoning it ?
2) Does it matter at what stage you want to abandon it like before AP/EAD/Fingerprint ?
 
Dear Unitednations:
Two questions for you:
1.Can I or my attorney urge the USCIS to try to adjudicate my case before the IBIS check expires? I am thinking that one was done recently since my EAD got approved last month.Do you know if anyone has done it?
2.Can we ask the FBI to confirm if name check is required to be done more than once? If we can, who is the person you would suggest me to contact?
Thanks again for all your help.
 
unitednations said:
I'm not sure why you would want to abandon it; I'm going under the assumption that you have thought long and hard of why you want to do something like this.

You would need to withdraw 485. There is no specific form required that I know of. Something as simple as a letter requesting to withdraw it or going to local uscis office and ask them how to withdraw it.

It doesn't matter at what stage you want to abandon it, as long as it is before adjudication of 485. Just keep in mind that when you try to get a non-immigrant visa later, it might be more difficult to get because you're going to have to answer the question of whether you have been the beneficiary of an immigrant application.

With regards to the h-1b expiry. If you abandon 485 then as long as your h-1b is valid you will be able to stay until the expiry of the visa.
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Thanks for your response unitednations.
Actually this process is so painfully slow that it will take anywhere between 2 -3 years for the 485 stage. Plus with older kids I think going back is a better option than to wait for the GC to come.

Regarding coming back in B1 /B2 visa you would need to mention that you had applied for labor/I-140 etc..but that should not cause any problems. For H1 /L1 these would not be issues I guess as they are of dual intent.

But I do remember of seeing it in Murthy about some form called I 864 or something.I don't exactly remember.One that you would normally use to withdraw from AOS to go for Consular Processing.

I hope abandoning GC even before FP or EAD should not be a problem.I hope that should be OK


Your suggestions is welcome
 
Check out AC140. It may be a better option for you. You can check with my name in the search engine in this forum as I had done some search on it..

kuchnakaho said:
Thanks for your response unitednations.
Actually this process is so painfully slow that it will take anywhere between 2 -3 years for the 485 stage. Plus with older kids I think going back is a better option than to wait for the GC to come.

Regarding coming back in B1 /B2 visa you would need to mention that you had applied for labor/I-140 etc..but that should not cause any problems. For H1 /L1 these would not be issues I guess as they are of dual intent.

But I do remember of seeing it in Murthy about some form called I 864 or something.I don't exactly remember.One that you would normally use to withdraw from AOS to go for Consular Processing.

I hope abandoning GC even before FP or EAD should not be a problem.I hope that should be OK


Your suggestions is welcome
Click to expand...
 
dev28 said:
Check out AC140. It may be a better option for you. You can check with my name in the search engine in this forum as I had done some search on it..
Click to expand...


Thanks for you response dev28.
Tell me something I just got my FP notice. Could I opt for the CP route asap since I am any way planning to go back and ignore the FP?That would be the last hope as I am in any case going back.

Suggections most welcome.
 
kuchnakaho said:
Actually this process is so painfully slow that it will take anywhere between 2 -3 years for the 485 stage. Plus with older kids I think going back is a better option than to wait for the GC to come.

Regarding coming back in B1 /B2 visa you would need to mention that you had applied for labor/I-140 etc..but that should not cause any problems. For H1 /L1 these would not be issues I guess as they are of dual intent.

But I do remember of seeing it in Murthy about some form called I 864 or something.I don't exactly remember.One that you would normally use to withdraw from AOS to go for Consular Processing.

I hope abandoning GC even before FP or EAD should not be a problem.I hope that should be OK


Your suggestions is welcome
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Kuchnakaho,
I don't want to be messing in your affairs, but looks like the two reason you have stated to abondon GC namely "this process is so painfully slow that it will take anywhere between 2 -3 years for the 485 stage. Plus with older kids I think going back is a better option than to wait for the GC to come"., do not look like good reasons to give up GC. With the unpredictability in I-485 adjudication you may get a fast approval, so its not nessecarily 2-3 years. Secondly having older kids is a good reason NOT to want to go back, as they will find it harder to adjust to Indian (I am gussing you are Indian from your name!) education and lifestyle. I hope you have otherg good reasons to go back. Also, if your kids are going to "age-out" you can ask for expediate processing of your I-485 based on that fact.

Secondly since you have received FP, just by ignoring the FP notice and not taking FP, you will be abondoning the I-485 process. Or you can send a simple letter to CIS with your a# and 485 receipt number, to withdraw your 485.

I just hate to see someone give up due to this freakin GC process. But I understand if you have other considrations of wanting to go back.

sertra2002
 
sertra2002 said:
Kuchnakaho,
I don't want to be messing in your affairs, but looks like the two reason you have stated to abondon GC namely "this process is so painfully slow that it will take anywhere between 2 -3 years for the 485 stage. Plus with older kids I think going back is a better option than to wait for the GC to come"., do not look like good reasons to give up GC. With the unpredictability in I-485 adjudication you may get a fast approval, so its not nessecarily 2-3 years. Secondly having older kids is a good reason NOT to want to go back, as they will find it harder to adjust to Indian (I am gussing you are Indian from your name!) education and lifestyle. I hope you have otherg good reasons to go back. Also, if your kids are going to "age-out" you can ask for expediate processing of your I-485 based on that fact.

Secondly since you have received FP, just by ignoring the FP notice and not taking FP, you will be abondoning the I-485 process. Or you can send a simple letter to CIS with your a# and 485 receipt number, to withdraw your 485.

I just hate to see someone give up due to this freakin GC process. But I understand if you have other considrations of wanting to go back.

sertra2002
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Thanks sertra2002,

I appreciate your views. But when I see/hear some of the horror stories of getting stuck without any light at the end of the tunnel it really pisses you off.In this forum itself there are guys who have been doing all they possibly can to get their wheels moving out of rut be it name check or something else and when you are full time on a client project it is impossible to do all that kinda things..And you also feel whether it is worth that headache...Now with so much opportunities opening up in India itself.
Also if you go back too late it will be far worse for the kids to get adjusted to Indian competition and education.Better to go as early as possible for the kids to get adjusted..

Yeah it will be a good idea to send a simple letter to withdraw. Also if you ignore the FP would it cause any unnecessary/avoidable hassle after that?I am new to this.

Do let me know your suggestions guys...

Thanks a lot.
 
kuchnakaho said:
Thanks sertra2002,

I appreciate your views. But when I see/hear some of the horror stories of getting stuck without any light at the end of the tunnel it really pisses you off.In this forum itself there are guys who have been doing all they possibly can to get their wheels moving out of rut be it name check or something else and when you are full time on a client project it is impossible to do all that kinda things..And you also feel whether it is worth that headache...Now with so much opportunities opening up in India itself.
Also if you go back too late it will be far worse for the kids to get adjusted to Indian competition and education.Better to go as early as possible for the kids to get adjusted..

Yeah it will be a good idea to send a simple letter to withdraw. Also if you ignore the FP would it cause any unnecessary/avoidable hassle after that?I am new to this.

Do let me know your suggestions guys...

Thanks a lot.
Click to expand...

On the other hand it is also true that many have got GC's without facing these horor stories. It is just that we do focus on the negative more than we do on the positive cases. Anyway, that is your personal desicion and preferrence where you want to settle. I just wanted to say that I dont find it right that the GC process dictate your desicion on where to settle ! Ofcourse India is not that bad a place to want to go back to, as long as you go back due to positive reasons.

On your question whether ignoring FP will cause any problems I can say, not that any I can thnk of. The outcome of that will be that your I-485 will be considered abondoned.

If I were you, I would go for the FP and let the process go on. I would apply for an AP and then go back to India. Till the period the AP is valid you would have had enough time to decide whether returning to India was good or not. If it is, enjoy and forget about GC, if not you can always come back and your GC process will still be active. This way the ball will be in your court and you will not regret anything.

All the best to you in whatever you decide.

sertra
 
My name check in spending too

Hi, Ping Lu:

I just got the same message from FBI as you did. My name checking is pending. They received the request on January 3, 2003. I am contacting my attoney for help. How is your case? Let us fight together.

Any other peopel on the same boat? Any suggestions from other guys?
Thanks all

Zli
 
lz25888 and others

lz25888 said:
I don't think your information is correct.

Name check is done by FBI, it takes couple hours to years to finish.

It IS what slow down many old cases:

CIS would NOT process your case until they receive the feedback from FBI. only after CIS received from FBI your name check clearance, will they proceed with IBIS check, which only takes minutes.

FBI name check is one time deal.
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What are the differences between IBIS check, Fingerprinting and Namecheck? Can somebody throw some lights?

Please!!!

Thanks
 
Name Check was requested on 10/3/03 and still pending!

Hi, all

Got an email message from FBI name check program in response to my inquiry on 7/28/04. USCIS requested a name check on my wife on 10/3/03 and it's still pending. Why it takes so long?
 
Pending means "hit" or "not processed"

My name check is also in the pending state since last Oct. according to the reply of my fax inquiry, does pending means the name has a hit which warrants a further human followup or simply it hasn't been run through the check yet?
 
zli1014 said:
Hi, Ping Lu:

I just got the same message from FBI as you did. My name checking is pending. They received the request on January 3, 2003. I am contacting my attoney for help. How is your case? Let us fight together.

Any other peopel on the same boat? Any suggestions from other guys?
Thanks all

Zli
Click to expand...

Nothing I can do, my lawer does not want anything,
 
A question for unitednations

I read many FP+Name Ckeck related posts, but I got confused more and more.

In my case I did my first FP in 12/2002 and my name check was completed in 9/2003. Recently, I did my second FP on 8/2/2004.

Do you think that the name check is going to be done again (another 9 months after FP2) or not?
with 90 days validity for name check, Isn't a dead lock situation for people with long name ckeck delay (about a year). because obviously USCIS can not finish its processing in 90 days and then the applicant has to wait for another year over and over?

Any comments?
 
afshin63130 said:
I read many FP+Name Ckeck related posts, but I got confused more and more.

In my case I did my first FP in 12/2002 and my name check was completed in 9/2003. Recently, I did my second FP on 8/2/2004.

Do you think that the name check is going to be done again (another 9 months after FP2) or not?
with 90 days validity for name check, Isn't a dead lock situation for people with long name ckeck delay (about a year). because obviously USCIS can not finish its processing in 90 days and then the applicant has to wait for another year over and over?

Any comments?
Click to expand...
You do not have any problem, Name check only once, not 90 days valid, which is IBIS check.
 
ping Lu said:
You do not have any problem, Name check only once, not 90 days valid, which is IBIS check.
Click to expand...

Thank you Ping Lu,

So FBI does not repeat the name check after each Fingerprint? Is that true?
 
unitednations said:
Yes, applications other than 485 can be processed pending FBI clearance. Only the IBIS checks need to be cleared for all other applications. Note that 485 needs to have IBIS and FBI clearance.

2) That's the million dollar question. It is easy to find out if FBI check is pending by just calling them. You know when IBIS check is pending because they won't approve any of your applications, ie., ead/ap/h-1b, etc.

I'm attaching a link that discusses FBi fingerprints and the process. This is specific to Department of State (ie., people outside the country but I believe there is overlap in the process for people inside the country).

http://www.fbi.gov/congress/congress04/garrity022504.htm

Here's some information about IBIS checks.

You'll notice that when the IBIS checks went into force directly coincides with the slowdown/backlog of adjudications.

http://www.murthy.com/news/n_ibis.html
http://www.murthy.com/news/UD02nscup.html
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Hi UnitedNations,
Thanks for sharing your knowledge on this issue.
I was looking at this thread and some other threads and it seemed pretty informative.I have one question to ask. If I am as a Permanent Resident of Canada who has already done FP check. Now I do again FP for 485 will my name show up and will it be counted as a "hit".
I had seen in some other forum that their database has been filled with anybody and everybody who has been printed without any accuracy and it can show as a "hit" the next time around even if you are clean and they got to resolve it manually or something.
Any idea?
Thanks man!!
 
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