Concurrent Filing - Using Cross Chargeability

no one at POJ method in TSC

Thanks Bud for rubbing some positive energy to my case! In my case, I did confirm through the POJ method that my name-check has been cleared in Nov 07. My wife's name check was cleared long ago.

I am not sure what the latest LUD of 02/01 means. Hopefully, as you indicated, green is on the way. Your name check should clear soon - good that you are trying all avenues possible. Don't give up. I have realized that if you are in the right, it is good to be proactive. Sometimes, you may not get to hear what you want to hear. But what counts is that you tried.

Thanks again!


I am trying to use the POJ method and as of yet not been able to get anyone. My Case is in TSC. Does any one know if there is a time I should be calling them at?
 
Hi All,

Sorry folks was out of action for a couple of days because we were blessed with a daughter on the 29th of Jan '08.

On the GC front planning to call up on Monday using the POJ technique to figure out the "GC lost by Post office" issue.

-Still

Still,

Congratulations!
 
Please Advice

I have a question for all experienced guys here. Am I eligible to contact CIS Ombudsman regarding my case?

Based on current processing time at NSC (19th July) my case is two months beyond normal processing and my priority date is current as of 1st Jan 08 using CC.

I have called USCIS and per two immigration officer my Name check is cleared. But they don’t know why my case is not assigned to an officer for further processing. They promised to send email to supervisor/officer about my case. They had no idea whether CC is being applied or not.

I just want to get an advice before I take a step. Please advice.

Thanks,
VS
 
I am in a similar situation. My name check cleared in Nov 07 and it finally got assigned to an officer in the first week of Feb 08. At least that is what I understood from the latest IO that I talked to. I am not sure what the CIS Ombudsman can do in such circumstances. You can give it a try. I would definitely recommend you to keep calling the IOs through the POJ method.

Also, just to let you know I was told the same thing by one of the IOs - that she is not seeing that my case is a Cross-chargeability case. however, it turned out that finally they did consider my case as a cross-chargeability. What I would suggest is try and find out when your name-check was cleared. After 60 days from that date, be assertive about your case being delayed, while talking to the IOs.

I have a question for all experienced guys here. Am I eligible to contact CIS Ombudsman regarding my case?

Based on current processing time at NSC (19th July) my case is two months beyond normal processing and my priority date is current as of 1st Jan 08 using CC.

I have called USCIS and per two immigration officer my Name check is cleared. But they don’t know why my case is not assigned to an officer for further processing. They promised to send email to supervisor/officer about my case. They had no idea whether CC is being applied or not.

I just want to get an advice before I take a step. Please advice.

Thanks,
VS
 
Latest on my wife's case

Called up TSC using POJ, luckily got a nice IO, said sometimes they give a case for additional review to a supervisor, usually takes between 30-60 days.
And she also said that it went for the review on 11th Jan '08, my CO date.

My guess is this is because my wife's NC came back in Sept.-end 2006, so long time, thus the additional review.

Regarding the "undelivered-document" : It turned out to be the reply to my enq that I set up on the 4th of Dec. I set it up for my wife's 485, the reply contains her name, but my receipt# and the status as Card production ordered. I have no words to describe this mix-up caused by the service-rep.

-Still
 
I have a question for all experienced guys here. Am I eligible to contact CIS Ombudsman regarding my case?

Based on current processing time at NSC (19th July) my case is two months beyond normal processing and my priority date is current as of 1st Jan 08 using CC.

I have called USCIS and per two immigration officer my Name check is cleared. But they don’t know why my case is not assigned to an officer for further processing. They promised to send email to supervisor/officer about my case. They had no idea whether CC is being applied or not.

I just want to get an advice before I take a step. Please advice.

Thanks,
VS

My suggestion is setup an enquiry.

-Still
 
Still: Congratulations on the new addition to the family. Enjoy!:)

Are you waiting on your GC or your wife's GC? I thought you already received your GC. Isn't that the case?

Also, can you advise as to what was the latest LUD before you got your magic e-mail?

Thanks in advance!

Hi WW,

I got my card, waiting for wife's approval.

Checkout my signature for LUDs.

-Still
 
Finally some good news from USCIS for all

02/07/2008: USCIS Revised National Security Adjudication and Reporting Requirements Memorandum of 02/04/2008

On February 4, 2008, Michael Aytes, Director of Domestic Operations of the USCIS issued an interoffice memorandum to give a revised guidance for USCIS field offices' adjudication of I-485, I-601, I-687, and I-698 as related to the pending FBI name checks. According to the revised guidance, where the application is approvable and the FBI name check request has been pending for more than 180 days, the adjudicator "shall" approve the I-485, I-601, I-687, I-698 applications and proceed with card issuance. However, the approved applications shall be held at the adjudicating office, and the USCIS will determine if rescission or removal proceedings are appropriate and warrantged if derogatory or adverse information is received from the FBI after the application is approved. For the full text, please visit Immigration Bulletin site[http://www.bibdaily.com/pdfs/Mocanu.Aytes.pdf]
We do not know the exact impact of this policy change on the I-485 processing backlog and on the future Visa Bulletin changes. Without doubt, this decision may bring about a positive result in the processing times but negative impact on the picture of future regrogression of visa numbers as more numbers of earlier priority dates will be taken out in an increased number.
 
02/07/2008: USCIS Revised National Security Adjudication and Reporting Requirements Memorandum of 02/04/2008

On February 4, 2008, Michael Aytes, Director of Domestic Operations of the USCIS issued an interoffice memorandum to give a revised guidance for USCIS field offices' adjudication of I-485, I-601, I-687, and I-698 as related to the pending FBI name checks. According to the revised guidance, where the application is approvable and the FBI name check request has been pending for more than 180 days, the adjudicator "shall" approve the I-485, I-601, I-687, I-698 applications and proceed with card issuance. However, the approved applications shall be held at the adjudicating office, and the USCIS will determine if rescission or removal proceedings are appropriate and warrantged if derogatory or adverse information is received from the FBI after the application is approved. For the full text, please visit Immigration Bulletin site[http://www.bibdaily.com/pdfs/Mocanu.Aytes.pdf]
We do not know the exact impact of this policy change on the I-485 processing backlog and on the future Visa Bulletin changes. Without doubt, this decision may bring about a positive result in the processing times but negative impact on the picture of future regrogression of visa numbers as more numbers of earlier priority dates will be taken out in an increased number.
Wow sounds cool when all this is on paper. I will start beleiving when I see approvals on this board (Sorry!!the cynic in me is crying out loud)
I read the update on murthy website for anyone who is interested http://www.murthy.com/nflash/nf_020708.html

You are right vs about your prediction on the negative impact. For the most part, folks on this board should sail through via CC, if this mandate is actually followed.
 
Guys,

I am planning to write CIS Ombudsman and Senator regarding my case. I am trying writing a nice but effective cover letter for my case. The following is what I have come up but personally don’t see it very effective. I was wondering if someone with some nice writing skills could help me.

#######################################
Deal Sir/Madam,

Applications of Adjustment of Status (I-485) for me (first name , last name, LIN-07-XXX-XXXX) and my wife (first name , last name, LIN-07- XXX-XXXX) was filled on May 1st, 2007 pursuant to an approved I-140 petition which was filed by XYZ Company (WAC-06-XXX-XXXXX).

I am a citizen of India and my Spouse is born British Citizen.

Our Application was filed under EB3 ROW(Rest of the World) Category based on Cross Chargeability (Using the Spouse's country of Birth).

Per May’07 VISA Bulletin priority dates were not current for India but dates were current for ROW . Since our application was filed and accepted by Nebraska Service Center in May’07, it confirms that our case was filed with all the required documents for cross chargeability.

Please note my priority date is current (September 30th 2002) based on Cross Chargeability and the Notice date of my application is May 9th 2007 which is more than two months beyond the normal processing.

I respectfully request if you can please look into the matter and give me some information why adjudication of my and my wife’s adjustment of status is still pending.

Thank you for your attention to this request.
Sincerely,


#######################################
 
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what triggers name check

Wow sounds cool when all this is on paper. I will start beleiving when I see approvals on this board (Sorry!!the cynic in me is crying out loud)
I read the update on murthy website for anyone who is interested http://www.murthy.com/nflash/nf_020708.html

You are right vs about your prediction on the negative impact. For the most part, folks on this board should sail through via CC, if this mandate is actually followed.


I have applied for 485 in aug , but did not recieve FP notice yet .does any one know what triggers fbi name check,is it automatic after they recieve the 485 application ? . :confused:
 
Guys,

I am planning to write CIS Ombudsman and Senator regarding my case. I am trying writing a nice but effective cover letter for my case. The following is what I have come up but personally don’t see it very effective. I was wondering if someone with some nice writing skills could help me.

#######################################
Deal Sir/Madam,

Applications of Adjustment of Status (I-485) for me (first name , last name, LIN-07-XXX-XXXX) and my wife (first name , last name, LIN-07- XXX-XXXX) was filled on May 1st, 2007 pursuant to an approved I-140 petition which was filed by XYZ Company (WAC-06-XXX-XXXXX).

I am a citizen of India and my Spouse is born British Citizen.

Our Application was filed under EB3 ROW(Rest of the World) Category based on Cross Chargeability (Using the Spouse's country of Birth).

Per May’07 VISA Bulletin priority dates were not current for India but dates were current for ROW . Since our application was filed and accepted by Nebraska Service Center in May’07, it confirms that our case was filed with all the required documents for cross chargeability.

Please note my priority date is current (September 30th 2002) based on Cross Chargeability and the Notice date of my application is May 9th 2007 which is more than two months beyond the normal processing.

I respectfully request if you can please look into the matter and give me some information why adjudication of my and my wife’s adjustment of status is still pending.

Thank you for your attention to this request.
Sincerely,


#######################################

Hi vsaxena,

Please checkout my post a couple of months ago on this thread where I had posted links to letters used by many, including me.
My suggestion: also write to FL.
-Still
 
Congressional Inquiry

Hello!

Today I received an email from my lawyers office who had requested a congressional inquiry with TSC. Good news is that my congresswoman's office is really efficient - they followed up till they got the confirmation. Now atleast I know they will consider it as CC. Now hoping that with the recent NC rule, the dates for ROW don't retrogress and the processing dates don't go too far back. Below is what TSC wrote back:

"The message was sent to management. Yes they can be charge cross chargeability. However, at this time the files can not be request due to the large volume of work the unit has. Cases are process accordingly and chronological.
Will sent another message to management, but this request in expediting these cases does not meet the service criteria.
Thank you for your inquiry and please do not hesitate to contact us again if you have further questions regarding this case.

Texas Service Center

Congressional Relations "
 
I found this message posted on a different forum that I came across today. I'm not sure how I could post a hyperlink directly to that particular message, and hence thought of copy-pasting it here:

*****************************************************
Guys

I have one good news. If you PD is current. And your notice date is the date prior to the date mentioned of I-485 FOR TSC. And your name check is pending for more then 180 days. If you fulfill all the three conditions then you will get your green card before April30th 2008. I have just spoken to an IO in TSC. And she told me IOS have been given this deadline to clear all those cases who meet the above criteria b4 April 30th 2008


Enjoy

Tanveer
__________________
PD 06/26/2002
EB3 RIR NEW YORK
LC CERTIFIED ON 04/06/2007


I-485 I-131 I-765 FD 05/15/07 LUD 05/17/07
FP 06/09/07

I-131 AD 06/26/2007

I-765 AD 07/24/2007

Got H1b visa from ottawa valid till 06/11/2010

*****************************************************

I wonder if this is true. And if so, if it's applicable to NSC as well. If anything, TSC is slower than NSC right now, so NSC should be able to process all applications even before 4/30/08 by that logic. Oh, and by the way, that poster also said that this was told to him by the supervisor that he talked to personally. He believes this is 100% legit, but I'm skeptical.

hmmm ...
 
NSC I-485 Processing Update.

I just got off the phone talking to an IO at NSC. The lady was really nice, and said that she does not know of any deadline such as 3/10 or 4/30 to process all eligible and pending I-485 cases, but she said her best bet was that NSC will now clear them within the next 3 to 6 months. She said that the 2/4 memo is correct, and with that update, I/Os have now been assigned a task of going through all pending files, and processing I-485 for eligible applicants who were held up only due to pending FBI NC clearance.

She said she wished she could tell me more or give me a firm deadline, but unfortunately she was unaware of any. But, she said it's her best guess than within 3-6 months, all such pending cases should be cleared by NSC.:cool:
 
I took Infopass appointment and was told that my case is there where it should be and it is being reviewed.

I called this Morning NSC using POJ and was told that my case is with an office or it has been assigned to an officer. She refused to tell me when it was assigned to an officer. She said she knows but she can’t tell.

Can I assume that it is really has been assigned to office?

Today I was going to FedEx the request to Ombudsman. Now should I wait or I should still FedEx the request?

Please advice.
VS
 
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