Does I-140 require name check?

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csc_pawn

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Does I-140 requires name check?

I have called the emmergency USCIS line and have been told that my I-485 was on hold for "system check" and then later I have been told for name check.
The person then said that I-140 will be on hold as well since it was a concurrent application.

I then contacted my lawyer asking that they call on my behalf for the I-140 and try to convince CSC to proceed with the case while the security check process continue.

My lawyer now claims that I-140 has name check on its own.

Does I-140 requires name check?
 
No. That's BS. 140 is an EMPLOYER'S petition, not yours, so it has nothing to do with name/background checks. They check your qualifications, to match them up with the approved labor cert, and then scrutinize the EMPLOYER (ability to pay, financials, etc..).

485 is EMPLOYEE petition, which is where all the name checks/background checks come into play.
 
What you said is in theory not in practice. Theory is always right. I see more and more people complaining name checking on I-140. Gods know what USICS is doing.

mesbah said:
No. That's BS. 140 is an EMPLOYER'S petition, not yours, so it has nothing to do with name/background checks. They check your qualifications, to match them up with the approved labor cert, and then scrutinize the EMPLOYER (ability to pay, financials, etc..).

485 is EMPLOYEE petition, which is where all the name checks/background checks come into play.
Click to expand...
 
I totally agree with you. However, I have seen people complaining that their 140s are stuck coz of name check eventually get their 140s approved, but their 485 are still on hold for the same reason. I'm not sure exactly how this works. Perhaps name check may delay the 140 approval although it should NOT, but I don't think they hold up 140 until the name check was cleared.
 
I agree with you. In my case, I was told name check was pending and 485 would take time due to Quota (????) in name check.

Next day, I got my 140 approved.

By this example, the name check link to 140 is NOT established.



mesbah said:
I totally agree with you. However, I have seen people complaining that their 140s are stuck coz of name check eventually get their 140s approved, but their 485 are still on hold for the same reason. I'm not sure exactly how this works. Perhaps name check may delay the 140 approval although it should NOT, but I don't think they hold up 140 until the name check was cleared.
Click to expand...
 
Mesbah,

One could argue that even though I140 is company based it is filed on your behalf. There is a good part of information which is checked on you (education, compensation, ...).
So there could be a name check on I140 as well ...
 
Hi,

Is name check realted to "FP received?" by USCIS?

I did FP on March 24th, 2005 and had LUD on March 25th. However, so far my status message has not been changed.

I called FBI and they said it's been sent back the same day. However, it could be waiting on Name check?

Are these two things (FP receival) and name check related?

Were your FP received by USCIS?

Thanks.


csc_pawn said:
Does I-140 requires name check?

I have called the emmergency USCIS line and have been told that my I-485 was on hold for "system check" and then later I have been told for name check.
The person then said that I-140 will be on hold as well since it was a concurrent application.

I then contacted my lawyer asking that they call on my behalf for the I-140 and try to convince CSC to proceed with the case while the security check process continue.

My lawyer now claims that I-140 has name check on its own.

Does I-140 requires name check?
Click to expand...
 
never_say_never said:
Hi,

Is name check realted to "FP received?" by USCIS?

I did FP on March 24th, 2005 and had LUD on March 25th. However, so far my status message has not been changed.

I called FBI and they said it's been sent back the same day. However, it could be waiting on Name check?

Are these two things (FP receival) and name check related?

Were your FP received by USCIS?

Thanks.
Click to expand...

Namecheck is different from FP. Usually it seems that USCIS sends namecheck
request to FBI after they receive FP results. If FBI told you that they've already sent back the results that means USCIS had already initiated namecheck ? All events seem to cut very close.

When/Why/Which number you called FBI ? Usually most people go through an extended period of wait after their FP to reach to a point of calling FBI.
 
Outevolt,

I agree it is my understanding that USCIS sends a name check request to FBI (NNCP) shortly after FP.

never_say_never,

Yes I had the results from the FP message on my 485 status 3 days after taking the FP (back in November).
 
outletvolt1 said:
Namecheck is different from FP. Usually it seems that USCIS sends namecheck
request to FBI after they receive FP results. If FBI told you that they've already sent back the results that means USCIS had already initiated namecheck ? All events seem to cut very close.

When/Why/Which number you called FBI ? Usually most people go through an extended period of wait after their FP to reach to a point of calling FBI.
Click to expand...

I called 304-625-5590. The operator said they received FP on 3/24 and they sent it back to USCIS on the same day. I called FBI as the 485 status didn;t change to "FP received" even after 10+ days. I just had LUD on 3/25.

I told her that USCIS hasn't received it yet (my 485 message hasn't changed). She told me that they could be waiting on Name Check. She gave me one number to check status of "name check" but that number has recorded message to send email. I didn't send email.

I've generally seen the FP message changing to "FP received..case resumed" after about 7 days after FP is done.

Thanks.
 
The email address they gave you is probably: FBINNCP@ic.fbi.gov
right?

I have sent an email to this address in december but I have never get an answer ...

Anybody got an answer after sending an email to this address?


never_say_never said:
I called 304-625-5590. The operator said they received FP on 3/24 and they sent it back to USCIS on the same day. I called FBI as the 485 status didn;t change to "FP received" even after 10+ days. I just had LUD on 3/25.

I told her that USCIS hasn't received it yet (my 485 message hasn't changed). She told me that they could be waiting on Name Check. She gave me one number to check status of "name check" but that number has recorded message to send email. I didn't send email.

I've generally seen the FP message changing to "FP received..case resumed" after about 7 days after FP is done.

Thanks.
Click to expand...
 
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I suggest you do it rather earlier than later.
It seems that it takes months for them to process those email request.
You should get your in the queue!


never_say_never said:
Thats the email address csc_pawn! I haven't sent email..I'll wait for a while before i do it.

Thanks.
Click to expand...
 
csc_pawn said:
I suggest you do it rather earlier than later.
It seems that it takes months for them to process those email request.
You should get your in the queue!
Click to expand...
does 140/485 LUD change after name check is complete? I applied 140/485 in Dec 04 and did FP/Biometrics in Feb 05. my LUD changed after FP that results received.
Will I get LUD for FBI check complete?
I a from CSC
 
Based on what I have read here yes it seems that when name check is completion triggers an LUD (see bluewater experience in "Those who apply in oct/nov 2004" thread).

In my case however I had 2 LUD's on I485 (3/21/05 and 3/31/05) but when I called on 4/01/05 to check the status I have been told that name check was NOT complete ...

140_485 said:
does 140/485 LUD change after name check is complete? I applied 140/485 in Dec 04 and did FP/Biometrics in Feb 05. my LUD changed after FP that results received.
Will I get LUD for FBI check complete?
I a from CSC
Click to expand...
 
Does I-140 require security check??

I would like to ask this question again to the forum gurus.

Does I-140 require security check??

unitednations, ginnu Please!
 
Thank you unitednations!

I did not know about IBIS check on all applications. Good to know.

Based on my recent conversations with emergency csc line it seems that I am in this case where I485 is stuck on name check and for some reason my I140 is stuck too ...


Are you referring to this memo (Mesbah gave me this link few days ago):
http://www.aila.org/fileViewer.aspx?docID=17148

Paragraph 3-B Page 2:
"Adjudication of the Form I-140, however is no longer dependent on the adjudicative readiness of the Form I-485."

I have asked a FOIPA request and I got a "No Record".
I have asked FBI for confirmation that name check is complete and I am waiting for a response.
 
Thank you for the clarification on the name check. I was aware that FOIPA was not same as NNCP but I just wanted to make sure that FOIPA was clear.
Not that I was arrested or something but who now a mistake could happen.
If this thing takes too long I do intend to follow up with State rep. I think it is better to have a case with FOIPA cleared than without having going through this 1st check.

If you could locate the memo for I140 and name check I would be very interested.
I really need to get this I140 soon. The I485 would be nice to get but it is less important just today.
I am 10 days from the 180days period for AC21 and I would like to have the option since my company is going through serious pbs ...

unitednations, your comment on the large number of cases in name check in CSC is very interesting.
I now recall a statement from Chief David M. Hardy that something 98% of name check are completed within 3 months.
 
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Same boat

CSC_pawn,
I am in the same boat as yours,
140/485 on june 30 04
FPs on August 25'sh,
I was told by USCIS that my 140 and 485 both are stuck by Name check.
I have sent an email to fbiinc and a FAX, I am in the San jose area. I guess there are tons of us in this area. Yeah i am also thinking about approaching the congress man. It just that i am unsure as to when i should be approaching. I dont want to go after my boat (Comp / job) sink, but i dont want to go before also. You guys out there, is there a kindda wait time for name check and then we may approach the congress man?

V
 
Hi Vishalhi,

Yes we are in the same boat you are just in deeper than me since your RD is 06/30/04 ...
I think you should contact a representative. I may do that also although my RD is 10/18/04 and the JIT is 10/18/04 so it is a little early to start an action maybe ...

Let's keep updating this thread with latest OK?

vishalhi said:
CSC_pawn,
I am in the same boat as yours,
140/485 on june 30 04
FPs on August 25'sh,
I was told by USCIS that my 140 and 485 both are stuck by Name check.
I have sent an email to fbiinc and a FAX, I am in the San jose area. I guess there are tons of us in this area. Yeah i am also thinking about approaching the congress man. It just that i am unsure as to when i should be approaching. I dont want to go after my boat (Comp / job) sink, but i dont want to go before also. You guys out there, is there a kindda wait time for name check and then we may approach the congress man?

V
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