Consolidated NSC I-485 Tracker

question

If i get my Advance parole approved can i travel outside USA ?
if i travel outsided of USA am i still in H1b status or not ? i don't have a valid stamping in my passport however i do have an approved one year H1b extension valid until OCT 2007.

please reply to my questions. thanks in advance.
 
Regarding how fast your case can be approved, once your case is in the I-485 stage, does it matter if your are EB-1, EB-2, EB-3 or whatnot?

By reading your posts, I-485 applications get approved in about 5 months. Are they processing cases faster now?
 
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Joined the name check blackhole

From one hole to another.

The customer service gives wrong information. They told me my name check is completed and everything is fine. I did not believe them and took an infopass. I was informed there that my name check is pending since August 2006. So do not trust the customer service people for name check information. Most likely they do not have it.


bigbang2001 said:
Happy Holidays to all.

A question about namecheck. Is it something which is initiated on receipt of 485 application ?

After calling NSC and asking specifically about this I was told "it looks like this is OK" . Now name check would also be OK if it was NOT even initiated. So I am not sure where I stand.

It is frustrating to scrape for this information. A good online status update would help but that is still a luxury.
Click to expand...
 
bigbang2001 said:
From one hole to another.

The customer service gives wrong information. They told me my name check is completed and everything is fine. I did not believe them and took an infopass. I was informed there that my name check is pending since August 2006. So do not trust the customer service people for name check information. Most likely they do not have it.
Click to expand...


I Just had my infopass apointment and I'm still stuck in the namecheck crap. the interesting thing is that the officer told me that if ur namecheck is not cleared with 1 month after they receive ur I485, then u r stuck in the namecheck for at least a yr. he said he never saw people get cleared in less than 1 yr, he said it can go up to 4 yrs. so it is a blackhole.
this is a glim picture but it seems right unfortunately.

so in summary either 1 month or at least 1 yr if not more of wait for the stupid namecheck. nothing in between. so all those 6 months process thing that TSC put on their website are useless.
 
The one year number was quoted by the infopass person.

I am intending to file a Privacy Information request to FBI. Look for Name check on google and start collecting paper trail. Six months from now this will be needed to prove all that could have been done was actually done.

And I thought clearing Philadelphia BEC was the end of nightmare.


antonioa77 said:
I Just had my infopass apointment and I'm still stuck in the namecheck crap. the interesting thing is that the officer told me that if ur namecheck is not cleared with 1 month after they receive ur I485, then u r stuck in the namecheck for at least a yr. he said he never saw people get cleared in less than 1 yr, he said it can go up to 4 yrs. so it is a blackhole.
this is a glim picture but it seems right unfortunately.

so in summary either 1 month or at least 1 yr if not more of wait for the stupid namecheck. nothing in between. so all those 6 months process thing that TSC put on their website are useless.
Click to expand...
 
bigbang2001 said:
The one year number was quoted by the infopass person.

I am intending to file a Privacy Information request to FBI. Look for Name check on google and start collecting paper trail. Six months from now this will be needed to prove all that could have been done was actually done.

And I thought clearing Philadelphia BEC was the end of nightmare.
Click to expand...


ya the infopass officer at uscis told me that. he said this is trend he sees.

it seems i will start thinking about fillin a law suit. i had enough from all this crap. it is a never ending tunnel.
 
Patience.
You can not file a law suit unless you show all options to get a result out are exhausted. In general if you the stomach to fight this this is what I have learnt from this website:

-After your RD dates are beyond processing dates of NSC, get an official proof that Name check is pending>
-FOIA request
-Senator/Congressmen help
Then what is called as Writ of Mandamus can be filed.




antonioa77 said:
ya the infopass officer at uscis told me that. he said this is trend he sees.

it seems i will start thinking about fillin a law suit. i had enough from all this crap. it is a never ending tunnel.
Click to expand...
 
bigbang2001 said:
Patience.
You can not file a law suit unless you show all options to get a result out are exhausted. In general if you the stomach to fight this this is what I have learnt from this website:

-After your RD dates are beyond processing dates of NSC, get an official proof that Name check is pending>
-FOIA request
-Senator/Congressmen help
Then what is called as Writ of Mandamus can be filed.
Click to expand...

i'm starting doing that. i ordered yesterday the FOIA. my case is in TSC which is faster than NSC.
 
It is more just than the name

Guys,
I have joined the Stuck in the Name Check Club (SNCC) since July 06. I think that check is more than just a "name check". My first name is very rare and as a matter of fact if you google my first and last name, you will find no one but me there and I did not even have a traffic fine throughout my stay and never was a witness, etc.. The process is complicated and somewhat crippled due to personnel shortage. I know some people are cleared faster but there is a trend for more people to spend more time in this club. I agree with you, the only way now is WOM and most cases do not go court (if you are lucky). I still think though, that we have to wait for a year or so to have a strong case. What do you think?
 
mas06 said:
Guys,
I have joined the Stuck in the Name Check Club (SNCC) since July 06. I think that check is more than just a "name check". My first name is very rare and as a matter of fact if you google my first and last name, you will find no one but me there and I did not even have a traffic fine throughout my stay and never was a witness, etc.. The process is complicated and somewhat crippled due to personnel shortage. I know some people are cleared faster but there is a trend for more people to spend more time in this club. I agree with you, the only way now is WOM and most cases do not go court (if you are lucky). I still think though, that we have to wait for a year or so to have a strong case. What do you think?
Click to expand...


i feel that in order to clear ur name there r 2 ways:1- WOM 2- good connections in the goverment who can help.

right?
 
question for all above

How you all Know that your name check is pending according to NSC website they are processing MA01 Notice date cases whic is later than RD, and you can not call customer service till its 30 days beyond the processing my I-485 dates are RD 06-13-06 ND 06-27-06
Can I find out my name check status and how if I call service ctr they will say I am not over 30 days yet
Thanks
 
Don't forget that WOM is a court order requesting a govermental agency to perform their job. You need something else besides just the evidence that USCIS and FBI *did not* perform their job. Most likely, you will have to prove that USCIS and FBI *should have* performed their job, which means you must be almost the only one suffering [that much] from their delay. If there are lots of cases that are delayed as well, they have a good case claiming a backlog affecting everybody, so a WOM granted to just one person would be unfair to the rest of the applicants in the queue, while granting WOM to everyone would be unpractical and impossible to perform by the agency.

Additionally, in our capitalist world, it would be helpful to show some actual damages (read, lost money) you've incurred during this delay. These typically must be *actual* damages and not *imaginary* damages, because imaginary damages could not be foreseen by the USCIS. Then, who knows, but the court may award you those damages (payable by USCIS : )) as well as WOM. When I say *actual* damages, I mean you have to prove them - for example, money spent for EAD renewal (except if paid by employer, unless the employer joins you as a plaintiff), actual offer letters you had to reject because of your status (calculate the lost salary). The rejected offers could be hard to prove, though, given the I-485 portability.

And yes, you have to prove that you've excersised all reasonable (and maybe unreasonable) steps on your own, to get the agency moving, and to prove that the agency could have and should have performed their job.

I'm not a lawyer, any of your actions, including refraining from an action are at your own risk, or consult a professional.

bigbang2001 said:
Patience.
You can not file a law suit unless you show all options to get a result out are exhausted. In general if you the stomach to fight this this is what I have learnt from this website:

-After your RD dates are beyond processing dates of NSC, get an official proof that Name check is pending>
-FOIA request
-Senator/Congressmen help
Then what is called as Writ of Mandamus can be filed.
Click to expand...
 
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igor_ch said:
Don't forget that WOM is a court order requesting a govermental agency to perform their job. You need something else besides just the evidence that USCIS and FBI *did not* perform their job. Most likely, you will have to prove that USCIS and FBI *should have* performed their job, which means you must be almost the only one suffering [that much] from their delay. If there are lots of cases that are delayed as well, they have a good case claiming a backlog affecting everybody, so a WOM granted to just one person would be unfair to the rest of the applicants in the queue, while granting WOM to everyone would be unpractical and impossible to perform by the agency.

Additionally, in our capitalist world, it would be helpful to show some actual damages (read, lost money) you've incurred during this delay. These typically must be *actual* damages and not *imaginary* damages, because imaginary damages could not be foreseen by the USCIS. Then, who knows, but the court may award you those damages (payable by USCIS : )) as well as WOM. When I say *actual* damages, I mean you have to prove them - for example, money spent for EAD renewal (except if paid by employer, unless the employer joins you as a plaintiff), actual offer letters you had to reject because of your status (calculate the lost salary). The rejected offers could be hard to prove, though, given the I-485 portability.

And yes, you have to prove that you've excersised all reasonable (and maybe unreasonable) steps on your own, to get the agency moving, and to prove that the agency could have and should have performed their job.

I'm not a lawyer, any of your actions, including refraining from an action are at your own risk, or consult a professional.
Click to expand...


my friend according to ur discussion, u r saying in another way that WOM is useless or almost impossible to be feasible. but if u look at most of the cases that applied for WOM, they got cleared in 1 to 2 months. but there r still other people who didn't file Wom and they r stuck. so it depends on u: if u wana wait, don't do anything and don't file WOM.now if u wana finish from this crap, apply for WOM. the equation is simple. waiting 4 yrs for a labor certificat then 4 yrs for namecheck then 4 yrs for visas number then 4 yrs for clearing the backlog of uscis, this is not a physical loss u think? come on
 
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All I'm saying is that it's hard to believe a court would grant WOM if you filed I-485 less than a year ago. 7 months plus 30 days is USCIS official processing time. After that you can start bugging USCIS. If that fails, you can talk to congressman's office. You may want to give them some time to act, though. Then you can file lawsuit claiming an unreasonable delay by the agency and request a WOM as the remedy.

>> this is not a physical loss u think?
Yes it is. But it is [most likely] not legally recognizable, unless you can claim and prove the damages in $$$, or they *intentionally* made you suffer. The purpose of many civil laws is not to punish wrongdoers, but to give remedy to the suffering party.

I'm *not* trying to discourage anyone, but we have to be patient. And yes, we have to start preparing all the documents necessary for the lawsuit. I will start doing the same after vacation : )) Happy holidays !!!

antonioa77 said:
my friend according to ur discussion, u r saying in another way that WOM is useless or almost impossible to be feasible. but if u look at most of the cases that applied for WOM, they got cleared in 1 to 2 months. but there r still other people who didn't file Wom and they r stuck. so it depends on u: if u wana wait, don't do anything and don't file WOM.now if u wana finish from this crap, apply for WOM. the equation is simple. waiting 4 yrs for a labor certificat then 4 yrs for namecheck then 4 yrs for visas number then 4 yrs for clearing the backlog of uscis, this is not a physical loss u think? come on
Click to expand...
 
igor_ch said:
All I'm saying is that it's hard to believe a court would grant WOM if you filed I-485 less than a year ago. 7 months plus 30 days is USCIS official processing time. After that you can start bugging USCIS. If that fails, you can talk to congressman's office. You may want to give them some time to act, though. Then you can file lawsuit claiming an unreasonable delay by the agency and request a WOM as the remedy.

>> this is not a physical loss u think?
Yes it is. But it is [most likely] not legally recognizable, unless you can claim and prove the damages in $$$, or they *intentionally* made you suffer. The purpose of many civil laws is not to punish wrongdoers, but to give remedy to the suffering party.

I'm *not* trying to discourage anyone, but we have to be patient. And yes, we have to start preparing all the documents necessary for the lawsuit. I will start doing the same after vacation : )) Happy holidays !!!
Click to expand...


I agree. I also heard that when these cases go to court, judges are divided in their rulings. Some grant the Mandamus and some may say processing is within reasonable time frame even after 2-3 yrs. So to prove true damges is difficult. There are ways though, such as having difficulty in finding certain jobs unless you have green card or having to travel long distance. You really need tengible evidence. Having said that, still most cases are settled in weeks after filing WOM. So it is worth the trial. The real question is when is the best time. I wish the best for everyone and I hope all of us will get GC in 2007.
 
Take an infopass and ask them this question. It is advisable to wait for 30 days after you get your receipt.


iak65 said:
How you all Know that your name check is pending according to NSC website they are processing MA01 Notice date cases whic is later than RD, and you can not call customer service till its 30 days beyond the processing my I-485 dates are RD 06-13-06 ND 06-27-06
Can I find out my name check status and how if I call service ctr they will say I am not over 30 days yet
Thanks
Click to expand...
 
WOM also costs money.

To have a strong case for WOM as pointed out by others it requires wait period. I have not seen anyone filing WOM within a year of filing 485. Two years yes but less than a year is not a strong case at all.

I would rather collect the paper trail and upgrade my education than keep on fighting this battle



mas06 said:
I agree. I also heard that when these cases go to court, judges are divided in their rulings. Some grant the Mandamus and some may say processing is within reasonable time frame even after 2-3 yrs. So to prove true damges is difficult. There are ways though, such as having difficulty in finding certain jobs unless you have green card or having to travel long distance. You really need tengible evidence. Having said that, still most cases are settled in weeks after filing WOM. So it is worth the trial. The real question is when is the best time. I wish the best for everyone and I hope all of us will get GC in 2007.
Click to expand...
 
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