Concurrent Filing - Using Cross Chargeability

Dedo said:
6 months have passed since I applied for my 485/140/AP/EAD, and eveything went through like clockwork except the 485, which has not even seen a LUD since the day after my FP.

What can I or should I do?
Click to expand...

Dedo,

Same boat as you. Almost 7 months now. Everything else done, no LUDs on 485 since FP.

What I do know is as of 2 months ago, I was still stuck in Name Check. Finding that out is probably a good first step for you, if you haven't done so already.

If you find out you're clear, then wait for "Now Processing" dates (currently at Dec 21st 2006) to reach 30 days past your RD before starting a SR.

If your NC is not clear (like me), then it's a question of when you want to start raising hell. My plan is wait till January or till Now Processing reaches March, whichever is earlier, make another infopass at that point, find out if I'm still in NC, and if so, start with FOIPA and then start the letters to Congressman/Senator/Ombudsman/First Lady etc.

If I'm missing some obvious and useful plan of action, someone please correct me.
 
prezcalvin said:
Dedo,

Same boat as you. Almost 7 months now. Everything else done, no LUDs on 485 since FP.

What I do know is as of 2 months ago, I was still stuck in Name Check. Finding that out is probably a good first step for you, if you haven't done so already.

If you find out you're clear, then wait for "Now Processing" dates (currently at Dec 21st 2006) to reach 30 days past your RD before starting a SR.

If your NC is not clear (like me), then it's a question of when you want to start raising hell. My plan is wait till January or till Now Processing reaches March, whichever is earlier, make another infopass at that point, find out if I'm still in NC, and if so, start with FOIPA and then start the letters to Congressman/Senator/Ombudsman/First Lady etc.

If I'm missing some obvious and useful plan of action, someone please correct me.
Click to expand...

Thanks Prez. Our dates are close, so looks like we may follow a similar pattern. From what i have read, Name checks usually clear within 24 hours of FP, no? But then again there are so many name checks stuck that this could be the case. My attorney advised me not to contact USCIS for anything so maybe I will talk to them first
 
ks_cc said:
Hey guys,
Hang in there. I know its tough...trust me, I sat through the agonizing wait for several months, and I realize I may come across as pontificating now, but there is light at the end of the tunnel. Lady luck never associated herself with me, but I pulled out, and each and everyone of you would too.

On a side note, I just logged in after a few days to a full Private Msg inbox...apologies to everyone who sent me a note...and I'm going to respond to everyone, but going ahead, if you need me immediately, just post here with something to grab my attention since I usually skim the thread without logging in. Or send me a note asking for my email address, best way to reach me immediately.
Click to expand...

Hey Ks,

Whenever you find sometime, if you can update us with names and addresses of all people you contacted regarding, it would be good.
I have initiated contact with the senator of my area. Lets see what he finds.

Can we send mail directly to the FBI? or is it not recommended?
 
Dedo said:
6 months have passed since I applied for my 485/140/AP/EAD, and eveything went through like clockwork except the 485, which has not even seen a LUD since the day after my FP.

What can I or should I do?
Click to expand...

Hi Dedo,

Here are the steps you should undertake.

1. First and foremost, determine what the status of your name check is. The name check is traditionally the greatest hurdle for most AOS applicants between you and the approvals.
2. Make an Infopass and carry your 485 receipts (self and spouse), and ask the officer at the ASC about your name check status.
3. If your name check is clear, then call the 800 number and open a Service Request.
4. If the name check is still pending, then find your local elected officials, the congressperson for your congressional district and/or your US Senator, and send them a letter asking for help in determining what the hold up is from the FBI Name Check division.
5. You can find templates for the letters in these forums, but if you run into issues, send me a note and I can send them to you.

All starts with determining your NC status though, so go with that first.
 
Mansarovar3000 said:
Hey Ks,

Whenever you find sometime, if you can update us with names and addresses of all people you contacted regarding, it would be good.
I have initiated contact with the senator of my area. Lets see what he finds.

Can we send mail directly to the FBI? or is it not recommended?
Click to expand...

Hi Mansarovar3000

I contacted my congresswoman's office for my congressional district and the US Senator for my state. Of course, depending on what state you reside in, the contact information would be different. Since you've already contacted your senator, I'd also follow through with a note to the congressperson for your congressional district. Go to house.gov and enter your zip code to determine your congressperson. They usually have at least a couple of office locations in your district.
I also sent a note to the CIS Ombudsman, but when I did, my name check had already been cleared. You can also send in the piloted form 7001 which is pretty much a template of what the Ombudsman case problem submission guidelines are. Google for CIS Ombudsman and you can get a link to the form along with instructions and mailing address.
 
prezcalvin said:
Dedo,

Same boat as you. Almost 7 months now. Everything else done, no LUDs on 485 since FP.

What I do know is as of 2 months ago, I was still stuck in Name Check. Finding that out is probably a good first step for you, if you haven't done so already.

If you find out you're clear, then wait for "Now Processing" dates (currently at Dec 21st 2006) to reach 30 days past your RD before starting a SR.

If your NC is not clear (like me), then it's a question of when you want to start raising hell. My plan is wait till January or till Now Processing reaches March, whichever is earlier, make another infopass at that point, find out if I'm still in NC, and if so, start with FOIPA and then start the letters to Congressman/Senator/Ombudsman/First Lady etc.

If I'm missing some obvious and useful plan of action, someone please correct me.
Click to expand...

Hi,
Our 485 RD are Nov 06 and the 'Now Processing' dates are Dec 06. How can one open a SR? I heard one can only open an SR in TSC and not in NSC (where our files are languishing)...any idea?
 
huizet said:
Hi,
Our 485 RD are Nov 06 and the 'Now Processing' dates are Dec 06. How can one open a SR? I heard one can only open an SR in TSC and not in NSC (where our files are languishing)...any idea?
Click to expand...

Hi Huizet,

I haven't actually opened one, but I was under the impression you call NSC, tell them Processing Dates are 30 days past your RD, and ask them to open an SR. If it's something more, maybe someone who has actually opened one can fill in.
 
Mansarovar3000 said:
Vikram,

Have you sent letters or contacted senators from your state regarding namecheck?
Did you get any replies?
What has been the experience so far? Have you been able to get any clue as to where your namecheck process is?
Click to expand...

Hey Mansarovar

Yes I've been doing the usual stuff for about 6 months now. I wrote my congressman to begin with - his office was really helpful to the extent that they could be, which, unfortunately, goes as far as contacting USCIS and getting a differently worded response which means the same thing we hear. Once that happened, I also contacted one of the Senators for California. Her office was quite helpful too but they recommended that I wait a year before asking them to do anything. And it just so happened that the day I was speaking with them was my name check anniversary. So they did go ahead and start some sort of correspondence but I havent heard from them yet. Maybe I ought to get in touch with them again and see what happened - I'm just a little tired and I must admit I'm losing interest in the whole thing. Seems more and more like there's pretty much nothing to do but wait. Of course, I've already spoken to some attorneys and have decided to sue USCIS as soon as I hit the two year mark - let's hope things move before that happens !

What've the rest of you guys been up to? Not much has been said since ks got approved - how's it going ks !!

vik
 
AP Renewal

My wife's AP renewal was approved on the 27th of Sept, however my AP was not and simply had an LUD on the 24th. Our original AP were approved on the same date and so this is a little different from what happened earlier.

Is this expected and did anyone else have a similar experience ? this might be a little early to start worrying but I need to travel abroad in Dec and need to have my AP approved by then :(
 
passcore said:
My wife's AP renewal was approved on the 27th of Sept, however my AP was not and simply had an LUD on the 24th. Our original AP were approved on the same date and so this is a little different from what happened earlier.

Is this expected and did anyone else have a similar experience ? this might be a little early to start worrying but I need to travel abroad in Dec and need to have my AP approved by then :(
Click to expand...


Dont worry about it passcore. My wife is travelling tomorrow and her AP is somewhere in the mail and mine hasn't even been approved yet - good thing I'm not travelling.
 
vikram77 said:
Hey Mansarovar

Yes I've been doing the usual stuff for about 6 months now. I wrote my congressman to begin with - his office was really helpful to the extent that they could be, which, unfortunately, goes as far as contacting USCIS and getting a differently worded response which means the same thing we hear. Once that happened, I also contacted one of the Senators for California. Her office was quite helpful too but they recommended that I wait a year before asking them to do anything. And it just so happened that the day I was speaking with them was my name check anniversary. So they did go ahead and start some sort of correspondence but I havent heard from them yet. Maybe I ought to get in touch with them again and see what happened - I'm just a little tired and I must admit I'm losing interest in the whole thing. Seems more and more like there's pretty much nothing to do but wait. Of course, I've already spoken to some attorneys and have decided to sue USCIS as soon as I hit the two year mark - let's hope things move before that happens !

What've the rest of you guys been up to? Not much has been said since ks got approved - how's it going ks !!

vik
Click to expand...


I am sure you will be getting out of namecheck soon. We all are in this unfortunate situation. I will be completing 1 year of my namecheck in 3 months time.
I know one chinese guy in my company who applied in Feb 07 and got his GC in Aug 07.
I asked my company lawyer about writ of mandamus and she said "Company policy is to sue only after 3 years". Can we sue on our own? or do you plan to use your company lawyers?
 
ks_cc said:
Hi Dedo,

Here are the steps you should undertake.

1. First and foremost, determine what the status of your name check is. The name check is traditionally the greatest hurdle for most AOS applicants between you and the approvals.
2. Make an Infopass and carry your 485 receipts (self and spouse), and ask the officer at the ASC about your name check status.
3. If your name check is clear, then call the 800 number and open a Service Request.
4. If the name check is still pending, then find your local elected officials, the congressperson for your congressional district and/or your US Senator, and send them a letter asking for help in determining what the hold up is from the FBI Name Check division.
5. You can find templates for the letters in these forums, but if you run into issues, send me a note and I can send them to you.

All starts with determining your NC status though, so go with that first.
Click to expand...

Thanks Ks for your help. I will speak to my attorneys and see what they advise as well and what patterns they are seeing
 
Tracker updated

Hi All,

Please find attached the updated tracker with Passcore's spouse's AP.

On my front, send letters to cong.man & senator, lets see what comes out of it.

-Still
 
Mansarovar3000 said:
I am sure you will be getting out of namecheck soon. We all are in this unfortunate situation. I will be completing 1 year of my namecheck in 3 months time.
I know one chinese guy in my company who applied in Feb 07 and got his GC in Aug 07.
I asked my company lawyer about writ of mandamus and she said "Company policy is to sue only after 3 years". Can we sue on our own? or do you plan to use your company lawyers?
Click to expand...

Let's hope you're right Mansarovar. I'm quite sure we can sue on our own - the 485 is an individual related application and the employer doesnt really have anything to do with it. I guess it would be better to go with the same lawyer that did the application since they would obviously have all the paperwork and be aware of the history; however, in the case of incompetent lawyers, which is quite common, going with someone who claims to have a lot of experience filing (and winning) WoM's would prob be a better thing to do. I know that's what I'll do if I have to - I've contacted a few lawyers in the SoCal area and one common response seems to be to wait for some more time, preferably 2 years, someone even said the law required that we wait for 15 months. Anyway, hope it doesnt come to it.

vik
 
vikram77 said:
Hey Mansarovar

Yes I've been doing the usual stuff for about 6 months now. I wrote my congressman to begin with - his office was really helpful to the extent that they could be, which, unfortunately, goes as far as contacting USCIS and getting a differently worded response which means the same thing we hear. Once that happened, I also contacted one of the Senators for California. Her office was quite helpful too but they recommended that I wait a year before asking them to do anything. And it just so happened that the day I was speaking with them was my name check anniversary. So they did go ahead and start some sort of correspondence but I havent heard from them yet. Maybe I ought to get in touch with them again and see what happened - I'm just a little tired and I must admit I'm losing interest in the whole thing. Seems more and more like there's pretty much nothing to do but wait. Of course, I've already spoken to some attorneys and have decided to sue USCIS as soon as I hit the two year mark - let's hope things move before that happens !

What've the rest of you guys been up to? Not much has been said since ks got approved - how's it going ks !!

vik
Click to expand...

vik,
Definitely explore the WoM option and keep it on the backburner for now, but I have no doubts that you (and everyone else) would be out of this mess soon. The way I see it, with the massive influx of new AOS filings through July, CIS has to get the Feds to move on clearing the NC backlog, and given the Ombudsman's push to advocate for tweaks to this process, I do believe that they'd be making a concerted effort to clear long pending NCs. Since your dates are current, its only a matter of time before the NC gets cleared and ergo the approvals to start flowing.
 
Mansarovar3000 said:
I am sure you will be getting out of namecheck soon. We all are in this unfortunate situation. I will be completing 1 year of my namecheck in 3 months time.
I know one chinese guy in my company who applied in Feb 07 and got his GC in Aug 07.
I asked my company lawyer about writ of mandamus and she said "Company policy is to sue only after 3 years". Can we sue on our own? or do you plan to use your company lawyers?
Click to expand...

Mansarovar3000,
Since the AOS is your application, you can definitely invoke the mandamus on your own without involving your company or your company's attorneys. That said, even if they don't need to be involved or know about your WoM filing, its always better to give them a heads up about your WoM pursuit. I know of sponsoring companies that dissuade the individual from pursuing WoM erroneously thinking that an applicant's WoM would reflect poorly upon them for future cases for other applicants. All in all, as long as they don't slap you with threats to revoke your 140 if you go the WoM route, you're free to choose a different attorney to file WoM on your behalf, or you could even go pro se.
 
passcore said:
My wife's AP renewal was approved on the 27th of Sept, however my AP was not and simply had an LUD on the 24th. Our original AP were approved on the same date and so this is a little different from what happened earlier.

Is this expected and did anyone else have a similar experience ? this might be a little early to start worrying but I need to travel abroad in Dec and need to have my AP approved by then :(
Click to expand...

No worries, I'd expect your AP to be approved within the next couple of weeks. When we got our first APs and EADs, both were approved on the same day for self and spouse; but the renewals were a few days apart. This was at VSC, but it seems like there is no pattern to having both be approved on the same day.
 
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