Good news! particularly victims of name check..

P

perm_lc

Registered Users (C)
Guys! If your 485 is pending more than 6 months, there is a visa nummber assined to you, even if name check is not cleared..

This is a good news. This is the reason for usage of all the visas for 2007.

Source: www.aila.org


AILA members have been receiving reports from multiple officials within USCIS indicating that USCIS HQ recently issued instructions to pull for adjudication every employment-based case that had been pending for more than six months, regardless of whether background checks were cleared. USCIS offices report having worked all of the weekend of June 30, 2007, to comply with these instructions. This was apparently to use up as many visa numbers as possible in order to try to cut off receipt of new filings when most employment-based visa categories came current on 7/1/07.

Note that this information has not been confirmed by USCIS HQ
 
This is great news !

I hope the lawsuit that might come up due to the VISA bullletin does not reverse this.

I feel bad for the people though who spent so much money in medicals and stuff in getting ready to file for their I485.
 
perm_lc said:
Guys! If your 485 is pending more than 6 months, there is a visa nummber assined to you, even if name check is not cleared..

This is a good news. This is the reason for usage of all the visas for 2007.

Source: www.aila.org


AILA members have been receiving reports from multiple officials within USCIS indicating that USCIS HQ recently issued instructions to pull for adjudication every employment-based case that had been pending for more than six months, regardless of whether background checks were cleared. USCIS offices report having worked all of the weekend of June 30, 2007, to comply with these instructions. This was apparently to use up as many visa numbers as possible in order to try to cut off receipt of new filings when most employment-based visa categories came current on 7/1/07.

Note that this information has not been confirmed by USCIS HQ
Click to expand...

Where did you find this? I donot see this on AILA website
 
What does it really mean? Will they pre-adjudicate our I-485 and wait for the NC or BC to clear?

Further, will the respect country quotas in visa allocation?

I think the number of people in backlog is much larger than the number of visas available. To clear the backlog, if they assign visa numbers based on RD, there is a chance that the backlog will also eat up FY 2008 visa allocation.
 
If this is true, how come I haven't got any luck? I think my case should be at quite front of the queue. I have seen many cases with later PD/RD were approved during past two weeks. I don't believe USCIS would waive the requirements of name check.
 
rollingstone said:
They'll not approve any application without NC. Please put a stop to this rumor.
Click to expand...

I do not read - they are going to approve it even if NC is not clear. I definately see a possibility that - to utilize the visa's they brought all the applications in staging area where they can adjudicate and approve.

In my mind, you will continue to see flood of approval in next few months
 
http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html

FULL-BLOWN SCANDAL

[NOTE: A hat tip to my friend Jay Solomon for tipping us off on this story]

What started out as a story of mean-spiritedness at USCIS regarding efforts to head off accepting visa applications in July may be turning in to a serious scandal that involves blatant disregard for the law and a potential jeopardization of national security.

The American Immigration Lawyers Association and others are reporting that USCIS adjudicators were issued instructions to pull for processing every employment-based case that had been pending for more than six months regardless of whether security clearances had been completed. Officials worked at a frantic pace over last weekend to request visa numbers on all these cases in order to head off accepting any cases when the first business day of the month began yesterday.

USCIS would have had to have requested numbers in about 60,000 cases in order to exhaust its numbers. The big question is whether the agency finished security clearances on all those cases, something that seems impossible given how long security clearance backlogs have been. These delays have been well-documented and are the basis of mandamus cases all across the country.

So assuming security clearances were not received, that leaves one of two possibilities:

a. USCIS was going to approve these cases without getting a security clearance or

b. USCIS was not really finished with the cases and was requesting visa numbers before they were really finished with the cases.



If the first is true, this will be front page news around the world and there will likely be resignations at the agency. While this may be the juicier story, the second is the more likely explanation.

But even if USCIS intended to finish the security clearances before issuing actual approvals, this is still a violation of the law.

By law (8 USC Section 1255), a visa number should not be claimed by USCIS until an applicant's adjustment of status application has been granted.

If any of you have heard anything that would tend to support this, please let me know.

Posted at 01:48 PM | Permalink
 
I don't get it.

What's this fuss about INS approving more cases ?
Since the time retrogression started the issue has been that they are not approving cases and wasting visa numbers,
and now the hue and cry is about the other way round ?

If they approved more than the allocated quota, that is a good thing.
They did waste so many visas in the previous years.

If they approve applications without security check(which I think is extremely unlikely), it's their screwed up internal process.
What can aila or the applicants can do about it ?

The more old applications they approve, the sooner they can take in new applications which enters new applicants into the AOS phase.

I think they better focus on the issue at hand i.e. how to get them accept new applications so that people can benefit 485 benefits.
 
If they did approve applications without security checks, look for a lot of GC withdrawals later..

jkss12 said:
FULL-BLOWN SCANDAL

[NOTE: A hat tip to my friend Jay Solomon for tipping us off on this story]

What started out as a story of mean-spiritedness at USCIS regarding efforts to head off accepting visa applications in July may be turning in to a serious scandal that involves blatant disregard for the law and a potential jeopardization of national security.

The American Immigration Lawyers Association and others are reporting that USCIS adjudicators were issued instructions to pull for processing every employment-based case that had been pending for more than six months regardless of whether security clearances had been completed. Officials worked at a frantic pace over last weekend to request visa numbers on all these cases in order to head off accepting any cases when the first business day of the month began yesterday.

USCIS would have had to have requested numbers in about 60,000 cases in order to exhaust its numbers. The big question is whether the agency finished security clearances on all those cases, something that seems impossible given how long security clearance backlogs have been. These delays have been well-documented and are the basis of mandamus cases all across the country.

So assuming security clearances were not received, that leaves one of two possibilities:

a. USCIS was going to approve these cases without getting a security clearance or

b. USCIS was not really finished with the cases and was requesting visa numbers before they were really finished with the cases.



If the first is true, this will be front page news around the world and there will likely be resignations at the agency. While this may be the juicier story, the second is the more likely explanation.

But even if USCIS intended to finish the security clearances before issuing actual approvals, this is still a violation of the law.

By law (8 USC Section 1255), a visa number should not be claimed by USCIS until an applicant's adjustment of status application has been granted.

If any of you have heard anything that would tend to support this, please let me know.

Posted at 01:48 PM | Permalink
Click to expand...
 
I heard someone get conditional GC. That is only valid for 2 years rather than those nomral 10years GC. Becaz of the lengthly security check.
 
I wish they approved mine discarding my NC pending since 05/06 :) My undersdanding is that the law doesn't specifically mandate USCIS to do FBI NC on every applicant, and the scope of background checks is defined by an internal DHS policy, which can be changed without an act of congress. In fact, the USCIS Ombudsman recommended to discontinue NCs in his last report. Maybe USCIS decided to act upon his recommendation right now (I hope so). So if USCIS decides to abandon NC arguing that other checks they do (fingerprint etc) are sufficient, then they can do it, there is nothing illegal (illigal = against the law) in this. However, I am tracking a few folks with similar timelines also stuck in NC on trackitt.com, and I haven't seen any approvals or even LUDs, so abandonment of NCs can be just a rumor :( .
 
Koku1,
My RD is as similar as yours and have seen couple of LUDS on my case.I am expecting my approval soon.


EB3 ,India,NSC,Substitute
Labor PD: Feb 2001
I140 AD :Sep 2005
I485,I131,I765 FD:May 2006
FP :July 2006
I485 Luds:12/28/2006,12/29/2006,06/28/2007,06/29/2007,06/30/2007.
2nd EAD and AP Renewal AD:Feb 2007.
Name check: Cleared in 2006
SR Request :06/19/2007 and didn't receive any response till now
I485 AD ??????
 
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It says Approved :)

Don't know for sure until I recieve the welcome notice.

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Notice mailed welcoming the new permanent resident.

On July 5, 2007, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
 
Congrats GCWAIT444. Did you get approval while stuck in NC?
 
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