Concurrent Filing - Using Cross Chargeability

Hi All,

Tracker has been updated with the recent proc times.

I called up today as my RD is outside proc time. She took all my details and set up an enquiry, said in 45 days I will receive a letter/notice stating the status. She took as much details as possible. Also mentioned cross-chargebility usage. She did not sound very knowlegable on CC though.

I could not wait, so called up TSC using POJ, and this time the rep gave me the dreaded msg : "Security check not yet complete". I did not mention cc here. Now I will again go thru all the threads to see what to do next WOM, Congress man/Senator.

I read somewhere that if an enquiry is initiated then USCIS folks ask FBI to expedite the security check.

Ks_cc & others -> Any suggestion is most welcome.

-Still

Hi Still,

Thanks once again for keeping the tracker up to date.

Looks like you're in the same boat as I am. I've been pretty proactive about this recently, and I was going to give an update on the board, so this is a good segue into it. But, here are a few things you should be aware of:
1. The 800 number customer folks have no access to any more information than what you can see by logging into CRIS and seeing your portfolio.
2. They are unaware of the FBI name check status and cannot look this up to the best of my knowledge.
3. Using the POJ and speaking with a Service Center officer is your best bet, but know that its the luck of the draw. The Service Center officers are under explicit instructions to not reveal case status information, since this is counterproductive to their workloads. So if you get an officer who is stringent about adhering to the guidelines, you won't get very far as far as having them even disseminating FBI name check information to you.
4. The only ways to get FBI name check status information is to make an Infopass appointment at your local Application Support Center and speaking with an Immigration Officer, or, contacting your elected representative and asking their offices to find out for you.
5. The FBI Name Check cannot be expedited. The USCIS just today published guidelines on what conditions they would request expedited name checks from the FBI. Legal recourses such as a WOM have now ceased to become the panacea for name checks, since USCIS is stating that a lawsuit would not have them ask the FBI for expeditious processing. This doesnt mean that you cannot sue, just that CIS wont automatically buckle under the suit threat and ask FBI to hurry up with your case. Consequently it would become more expensive and lengthy to follow legal action since you may end up going to trial and then the decision would be up to the judge.
6. When and if you go for an Infopass, make sure to find out about your spouse's name check status as well. For instance, my wife's name check is cleared, and I am still pending, so thats the glass being half full.
7. More importantly, I suggest NOT discussing CC with the 800 personnel nor the Service Center officers, nor at the Infopass. Folks just dont know about CC since the INA is vast and extensive, and its best not to confound them...I learned this the hard way, when at my Infopass appt, I had to explain what CC is to the Immigration Officer. He was skeptical but when I pointed to the INA books right behind him, stating the sections and articles, he was amused and relented.

Now that all that is said, here's where I'm at.

a. I contacted my local congresswoman recently. I knew folks in her campaign, but I did send a letter to her directly without trying to network myself through.
b. I got a call from her director of constituent services this morning. They had already contacted Vermont on my behalf.
c. VSC just confirmed what I already knew, I'm stuck in name check, wife is cleared, cannot adjudicate until I am done since I am the primary applicant.
d. VSC told the congressional offices that they cannot request for expediting the FBI name check unless I am deemed to be of national interest.
e. The congresswoman's director who called me asked me to find out if I can get a letter from the Pentagon for the DoD side work that I do. I don't think I can, but I'm going to ask anyway.
f. Failing all, the director said that she would be calling VSC again on April 10th 2007 unless we get approved before then. She's already put a reminder for herself on her calendar and said she'd send me an email and call me that week to touch base.
g. Realize that this is a fresh congressperson whos just been elected...shes been very active in the community and is a wonderful person...so her staff is enthusiastic to help....your personal experiences may be different.
h. I also contacted my Senator's office. I've been speaking to his liaison on and off since before Christmas. She's very helpful as well, but she's been doing this for a while and told me right off the bat that my name check is pending and she cannot request an expedite..but she did add that I should wait till April and then send a letter to the Senator requesting his personal attention. We shall see.
i. In the meantime, VSC jumped to middle of May 2006 for 'now processing' 485 cases. This is actually a month and a half over my receipt date, so yes, I'm outside their normal processing time as well.
j. The inquiry you initiate via the 800 number shall only beget you a letter in the mail from your NSC deputy director stating that your case has been delayed due to pending security checks. The letter will explain how vital these checks are to the nation and shall ask you to contact them after six months if you don't hear any updates on your case.
I know because my inquiry in December got me one of these letters dated Jan 30 2007. A quick search on the portal shall reveal that several dozen folks got the same letter. Aah...that personal touch. Mass mailing.

On the upside, I recvd the renewed EAD card in the mail today, wife's should be here tomorrow. Also got the renewed AP for myself. Wife's got approved today. So my wife and I are good to go for EAD and AP until May of 2008. God, I hope the 485s get approved well before we need to apply for EAD and AP for the third time.

Hope this answers your questions. let me know if you have any more questions on a particular topic. Sorry if I sound like I'm pontificating, but I've spent a good deal of time and energy doing research, so if it helps others, its time well spent.
 
Name Check Press Release

Hey folks
Not sure if you've seen this already, but USCIS issued a press release a couple of days ago regarding their updated criteria for considering requesting the FBI for expedited name check processing for an applicant. The buzz around the net is that this is a way for USCIS to close the WOM pandora's box that had been opened after folks started suing CIS left right and center.

http://www.uscis.gov/files/pressrelease/ExpediteNameChk022007.pdf

The wording of this to me is a little ambiguous. Its generally accepted that this means that USCIS would prefer to go to court to fight a suit and have a judge decide whether the suitor is eligible for expedited processing (and ergo requesting FBI to expedite). In my opinion, the verbiage seems to imply that a lawsuit alone isn't the only way that they'd expedite a name check...but there are other circumstances that they would consider expediting as well, as described in the press release. Of course, I am not an attorney, and I was trying to simply read between the lines and take it at face value.
 
Hi Ks_cc,

Thanks again.

I know that Name Check(NC) is a subset of the Security Check(SC). Can you tell what other checks form part of SC.

-Still
 
Hi Still,

Thanks once again for keeping the tracker up to date.

Looks like you're in the same boat as I am. I've been pretty proactive about this recently, and I was going to give an update on the board, so this is a good segue into it. But, here are a few things you should be aware of:
1. The 800 number customer folks have no access to any more information than what you can see by logging into CRIS and seeing your portfolio.
2. They are unaware of the FBI name check status and cannot look this up to the best of my knowledge.
3. Using the POJ and speaking with a Service Center officer is your best bet, but know that its the luck of the draw. The Service Center officers are under explicit instructions to not reveal case status information, since this is counterproductive to their workloads. So if you get an officer who is stringent about adhering to the guidelines, you won't get very far as far as having them even disseminating FBI name check information to you.
4. The only ways to get FBI name check status information is to make an Infopass appointment at your local Application Support Center and speaking with an Immigration Officer, or, contacting your elected representative and asking their offices to find out for you.
5. The FBI Name Check cannot be expedited. The USCIS just today published guidelines on what conditions they would request expedited name checks from the FBI. Legal recourses such as a WOM have now ceased to become the panacea for name checks, since USCIS is stating that a lawsuit would not have them ask the FBI for expeditious processing. This doesnt mean that you cannot sue, just that CIS wont automatically buckle under the suit threat and ask FBI to hurry up with your case. Consequently it would become more expensive and lengthy to follow legal action since you may end up going to trial and then the decision would be up to the judge.
6. When and if you go for an Infopass, make sure to find out about your spouse's name check status as well. For instance, my wife's name check is cleared, and I am still pending, so thats the glass being half full.
7. More importantly, I suggest NOT discussing CC with the 800 personnel nor the Service Center officers, nor at the Infopass. Folks just dont know about CC since the INA is vast and extensive, and its best not to confound them...I learned this the hard way, when at my Infopass appt, I had to explain what CC is to the Immigration Officer. He was skeptical but when I pointed to the INA books right behind him, stating the sections and articles, he was amused and relented.

Now that all that is said, here's where I'm at.

a. I contacted my local congresswoman recently. I knew folks in her campaign, but I did send a letter to her directly without trying to network myself through.
b. I got a call from her director of constituent services this morning. They had already contacted Vermont on my behalf.
c. VSC just confirmed what I already knew, I'm stuck in name check, wife is cleared, cannot adjudicate until I am done since I am the primary applicant.
d. VSC told the congressional offices that they cannot request for expediting the FBI name check unless I am deemed to be of national interest.
e. The congresswoman's director who called me asked me to find out if I can get a letter from the Pentagon for the DoD side work that I do. I don't think I can, but I'm going to ask anyway.
f. Failing all, the director said that she would be calling VSC again on April 10th 2007 unless we get approved before then. She's already put a reminder for herself on her calendar and said she'd send me an email and call me that week to touch base.
g. Realize that this is a fresh congressperson whos just been elected...shes been very active in the community and is a wonderful person...so her staff is enthusiastic to help....your personal experiences may be different.
h. I also contacted my Senator's office. I've been speaking to his liaison on and off since before Christmas. She's very helpful as well, but she's been doing this for a while and told me right off the bat that my name check is pending and she cannot request an expedite..but she did add that I should wait till April and then send a letter to the Senator requesting his personal attention. We shall see.
i. In the meantime, VSC jumped to middle of May 2006 for 'now processing' 485 cases. This is actually a month and a half over my receipt date, so yes, I'm outside their normal processing time as well.
j. The inquiry you initiate via the 800 number shall only beget you a letter in the mail from your NSC deputy director stating that your case has been delayed due to pending security checks. The letter will explain how vital these checks are to the nation and shall ask you to contact them after six months if you don't hear any updates on your case.
I know because my inquiry in December got me one of these letters dated Jan 30 2007. A quick search on the portal shall reveal that several dozen folks got the same letter. Aah...that personal touch. Mass mailing.

On the upside, I recvd the renewed EAD card in the mail today, wife's should be here tomorrow. Also got the renewed AP for myself. Wife's got approved today. So my wife and I are good to go for EAD and AP until May of 2008. God, I hope the 485s get approved well before we need to apply for EAD and AP for the third time.

Hope this answers your questions. let me know if you have any more questions on a particular topic. Sorry if I sound like I'm pontificating, but I've spent a good deal of time and energy doing research, so if it helps others, its time well spent.

From my experience I learned that they(TSC or other center reps) will not divulge with the SC status, but if ur case is outside the proc time then they will. The purpose to call the National Proc center was to initiate the official enquiry. I made her write that I used CC so that if the officer looking at my case saw the PD and then decided not to send my data to FBI itself as my PD was not current. Totaly overlooking my CC that is.
Just hoping against hope.................
Was looking at the NC thread from yesterday, data looks pretty scary......6 months to 2-3 yrs.

-Still
 
Sad to hear about Radd. May god bless his soul. Radd you will be missed even though many of us never met you personally.

Update: Finally after 3 rejections, NSC accepted the applications and issued receipts for I 485/I 765/I 131. We have been applying to NSC since Nov 06 and this time we added the 'attn Supervisor' letter in a huge font. Guess that worked. Its been a painful 3 1/2 months to get the applications accepted.

I am still catching up on reading this whole thread and from the looks of it, the next step is issuance of EAD. Is there anything else that happens in between or do we wait for the papers to be processed.
-h
EB2
I 485:AD Nov 06, RD:Feb 15 07
I 765: AD Nov 06, RD:Feb 15 07
I 131: ADNov 06, RD: Feb 15 07
I 140: AD Nov 06, RD - Dec 14 06
 
Sad to hear about Radd. May god bless his soul. Radd you will be missed even though many of us never met you personally.

Update: Finally after 3 rejections, NSC accepted the applications and issued receipts for I 485/I 765/I 131. We have been applying to NSC since Nov 06 and this time we added the 'attn Supervisor' letter in a huge font. Guess that worked. Its been a painful 3 1/2 months to get the applications accepted.

I am still catching up on reading this whole thread and from the looks of it, the next step is issuance of EAD. Is there anything else that happens in between or do we wait for the papers to be processed.
-h
EB2
I 485:AD Nov 06, RD:Feb 15 07
I 765: AD Nov 06, RD:Feb 15 07
I 131: ADNov 06, RD: Feb 15 07
I 140: AD Nov 06, RD - Dec 14 06
Huizet,
You're absolutely correct. Radd would sorely be missed by everyone on this board including folks who did not have the pleasure of knowing him personally. All our thoughts and best wishes are with his wife and boys.

I am very happy for you that your applications have finally been accepted. Heartiest congratulations and officially welcome aboard. I know its been an excrutiating time for you, and having been the receipient of having had the forms sent back once, I cannot even imagine how aggravating three times must have been. But your patience and persistence have paid off. You're now well on your way, and you never know, you may sail through the process and get approved before anyone else!

Next thing - await the biometrics notice appointment for fingerprints. Should be with you within a month or so I believe.
 
Hi All,

Please find attached the updated tracker.

huizet's data has been added.

With a heavy heart I must say that Radd's data has been taken out from the tracker.

-Still
 
Hi All,

Tracker has been updated with the recent proc times.

I called up today as my RD is outside proc time. She took all my details and set up an enquiry, said in 45 days I will receive a letter/notice stating the status. She took as much details as possible. Also mentioned cross-chargebility usage. She did not sound very knowlegable on CC though.

I could not wait, so called up TSC using POJ, and this time the rep gave me the dreaded msg : "Security check not yet complete". I did not mention cc here. Now I will again go thru all the threads to see what to do next WOM, Congress man/Senator.

I read somewhere that if an enquiry is initiated then USCIS folks ask FBI to expedite the security check.

Ks_cc & others -> Any suggestion is most welcome.

-Still


I called the TSC too today to get the same dreaded answer - "Security check pending". I had been off the scene for a while thinking things might just come through, but it looks like USCIS will not make life so easy after all.

Based on the current updates from USCIS, WOM also dosent seem to be a viable option.

I am planing to put in an inquiry as well tomorrow, although from what I gather from the msg boards is it will only end up in a letter saying the same dreaded "security check pending" status only to be in a written form.

I wonder what other options are available. I read through the post from KS and things dont look optimistic.

Hoping against hope that things change and we get some good news.
 
EAD received with Error

So our saga continues...
We received the EAD cards today in the mail from NSC with errors in the spelling of our names (both of our names have one letter spelled incorrectly) :-(.
All the other information DOB etc is correct and thankfully so are our pics :)
My wife wants to apply for a SSN (she does not have one) and I am unsure if the SSN people will accept the erroneous spelling on the card.
I know that we need to apply for a replacement card. I called the 1800 number that was listed on the notice which states 'Call this number in case of error' and all i could get was to the status of our apps.
Questions for the more experienced people:
1. Is it prudent to apply for an SSN for my spouse with the erroneous spellings?
2. How do we go about applying for a replacement card (without NSC rejecting our apps again). The forms we had filed have the correct spelling, its the NSC guys that have typed it wrong. I've read that it takes at least a month to get the replacement cards (if they are not lost in the mail)
3. Can my wife look for employment using the current card we have received?
ks_cc: you mentioned that NSC is trying our patience...this one takes the cake..i think i'll brace myself for more waiting...sigh!!!
 
I called the TSC too today to get the same dreaded answer - "Security check pending". I had been off the scene for a while thinking things might just come through, but it looks like USCIS will not make life so easy after all.

Based on the current updates from USCIS, WOM also dosent seem to be a viable option.

I am planing to put in an inquiry as well tomorrow, although from what I gather from the msg boards is it will only end up in a letter saying the same dreaded "security check pending" status only to be in a written form.

I wonder what other options are available. I read through the post from KS and things dont look optimistic.

Hoping against hope that things change and we get some good news.

Hi navneetsharma,

Did u remember to ask when was the SC initiated. I became so disappointed that I forgot to ask. Iam planning to call in again and ask that next week.
Maybe, just maybe they forgot all about CC and looked at our PD and since that was not current, they did not even send us for SC. But then again if this was the case then they would have said that ur PD is not current and the reps has been instructed to say SC pending whenever such ambiguous situation arises.

God alone knows whats happening, all sorts of thoughts are coming to my mind.

-Still
 
So our saga continues...
We received the EAD cards today in the mail from NSC with errors in the spelling of our names (both of our names have one letter spelled incorrectly) :-(.
All the other information DOB etc is correct and thankfully so are our pics :)
My wife wants to apply for a SSN (she does not have one) and I am unsure if the SSN people will accept the erroneous spelling on the card.
I know that we need to apply for a replacement card. I called the 1800 number that was listed on the notice which states 'Call this number in case of error' and all i could get was to the status of our apps.
Questions for the more experienced people:
1. Is it prudent to apply for an SSN for my spouse with the erroneous spellings?
2. How do we go about applying for a replacement card (without NSC rejecting our apps again). The forms we had filed have the correct spelling, its the NSC guys that have typed it wrong. I've read that it takes at least a month to get the replacement cards (if they are not lost in the mail)
3. Can my wife look for employment using the current card we have received?
ks_cc: you mentioned that NSC is trying our patience...this one takes the cake..i think i'll brace myself for more waiting...sigh!!!

Huizet,
Zoinks. I'm sorry that you're going through this, but look on the bright side, your applications were finally accepted, and you got your EADs.
Now onto the issue at hand here. This is more of an irritant that can be remedied than anything else in my opinion. That said, my wife and I both had our SSNs when we enrolled in school waaay back in the 90s, so I am not quite sure of what the process is to get a SSN based on AOS.

But, if its any consolation, governmental agencies don't deal with you as a person, you are a number, more specifically, you are an "A-Number".
When you apply for a SS card, you'd be filling out forms with the correct spelling, and those forms are what I believe the SS Administration would go by to create the SS card and that is what would appear on your SS card.
This does not mean that you shouldn't promptly make the NSC aware of their error and get new cards issued. Since this is a re-issuance of an already approved application, I doubt that it would take too long, so I'd say just get it done as soon as possible if you haven't already.

Perhaps a recourse could possibly be to make an Infopass appointment, and trying to get the Immigration Officer at the ASC issuing you a letter addressed to the SS Administration noting the typographical error on your cards, and submitting that letter along with the SS applications. Just a thought, in case you don't want to await the reissued cards.

Applying for reissuance would not cause any issues with NSC returning your applications. They've finally accepted the packet and issued your wife and you A-Numbers, and approved your 765s. Based on that, its just smooth sailing from hereon.

And lastly, as far as seeking employment based on the current typo-ed card, I don't see a problem with it. In all likelihood, your reissued cards would arrive just about the same time your wife finds work and starts working.
 
Hi navneetsharma,

Did u remember to ask when was the SC initiated. I became so disappointed that I forgot to ask. Iam planning to call in again and ask that next week.
Maybe, just maybe they forgot all about CC and looked at our PD and since that was not current, they did not even send us for SC. But then again if this was the case then they would have said that ur PD is not current and the reps has been instructed to say SC pending whenever such ambiguous situation arises.

God alone knows whats happening, all sorts of thoughts are coming to my mind.

-Still

Still,
Aah...at least now I know that I'm not the only one with these thoughts of them mistakenly ignoring the priority date. But then again, I doubt that this would happen, but I agree that these thoughts do cross my mind as they do yours. However, take heart in the fact that if for instance something like that does manifest and USCIS informs any of us that they cannot adjudicate the cases due to visas being unavailable, I see that as a problem that can be resolved by simply pointing out the CC again. Yes, it would take time, effort and cause TONS of aggravation, but unlike the FBI Name Check, you can resolve this particular contingency.
 
I called the TSC too today to get the same dreaded answer - "Security check pending". I had been off the scene for a while thinking things might just come through, but it looks like USCIS will not make life so easy after all.

Based on the current updates from USCIS, WOM also dosent seem to be a viable option.

I am planing to put in an inquiry as well tomorrow, although from what I gather from the msg boards is it will only end up in a letter saying the same dreaded "security check pending" status only to be in a written form.

I wonder what other options are available. I read through the post from KS and things dont look optimistic.

Hoping against hope that things change and we get some good news.

Navneet,
You still have a little ways to go before contemplating the WOM route I think, as do I. I think its not unreasonable to give the agencies a year or 15 months before considering bringing forth a lawsuit. I hate to admit it, but its probably best to let the system go through its motions. At the same time, its interesting that despite claims to the contrary about how most name checks are done within six months, I see several of us stuck in limbo. Its more frustrating when you see posts from individuals who've filed in July through November of 2006 getting their AOS approved. Don't misunderstand, I'm very happy for those folks, but its frustrating that the FIFO basis isn't necessarily a true FIFO due to the inherent methodology of the name check process.
What I'd say is to wait another month or so, and then start getting proactive by writing to your elected officials...Congresspersons and Senators. These officials cannot do anything to expedite your name check, but you're making yourself be known to them, and I don't think it would hurt to have these officials make inquiries on your behalf.
 
Hi navneetsharma,

Did u remember to ask when was the SC initiated. I became so disappointed that I forgot to ask. Iam planning to call in again and ask that next week.
Maybe, just maybe they forgot all about CC and looked at our PD and since that was not current, they did not even send us for SC. But then again if this was the case then they would have said that ur PD is not current and the reps has been instructed to say SC pending whenever such ambiguous situation arises.

God alone knows whats happening, all sorts of thoughts are coming to my mind.

-Still


Still,

I did not ask them when the SC was initiated. Infact earlier they never even used to give me the info if the security check is pending or not. They simply used to say that we are not supposed to give that info. It did not cross my mind when the rep actually told me the SC was pending that I could take a chance and ask the date it was initiated. Maybe another time.

I plan to put in the status inquiry today though. Dosent hurt to atleast make them work on sending me a letter (even if it is a standard one with the SC pending status)

-Navneet
 
CC questions

ks_cc and/or other gurus,
I have an EB2 application languishing at NSC for about 6 months now.
My spouse's dependant I-485 has also been submitted at the same time.

She is also employed and her old (2003) EB3 LC just came through from BECs. Even though it is kinda old it is still >2 years backlogged. Therefore, I was thinking that she can apply for I-485 as EB2 claiming cross changeability based on me.
Of course, the useles lawyers at her firm naver mentined CC to start with. They acknowledged possiblity after she brought it up but then they said she cannot apply for CC I-485 since she already has AOS pending based on my app?!

Is this just lawyer BS or there is such provision preventing CC in our case?

You may ask yourself why I am going with this CC hustle with my wife's application while my I-485 case is already 'mature'. The reason is that you never know how long it will take and also her job is fairly stable which is very unlike mine.

Thanks in advance to anyone who can help with an opinion.
 
Huizet,
Zoinks. I'm sorry that you're going through this, but look on the bright side, your applications were finally accepted, and you got your EADs.
Now onto the issue at hand here. This is more of an irritant that can be remedied than anything else in my opinion. That said, my wife and I both had our SSNs when we enrolled in school waaay back in the 90s, so I am not quite sure of what the process is to get a SSN based on AOS.

But, if its any consolation, governmental agencies don't deal with you as a person, you are a number, more specifically, you are an "A-Number".
When you apply for a SS card, you'd be filling out forms with the correct spelling, and those forms are what I believe the SS Administration would go by to create the SS card and that is what would appear on your SS card.
This does not mean that you shouldn't promptly make the NSC aware of their error and get new cards issued. Since this is a re-issuance of an already approved application, I doubt that it would take too long, so I'd say just get it done as soon as possible if you haven't already.

Perhaps a recourse could possibly be to make an Infopass appointment, and trying to get the Immigration Officer at the ASC issuing you a letter addressed to the SS Administration noting the typographical error on your cards, and submitting that letter along with the SS applications. Just a thought, in case you don't want to await the reissued cards.

Applying for reissuance would not cause any issues with NSC returning your applications. They've finally accepted the packet and issued your wife and you A-Numbers, and approved your 765s. Based on that, its just smooth sailing from hereon.

And lastly, as far as seeking employment based on the current typo-ed card, I don't see a problem with it. In all likelihood, your reissued cards would arrive just about the same time your wife finds work and starts working.

Thanks for the info ks. I have notified my attorney of the error and am waiting to see what he thinks is the best course of action. I got my SSN way back when I was in school. my wife came to this country last year and she did not get an opportunity to get any SSNs. As you mentioned that this is more of an irritant that we need to take care of asap.
 
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