GREAT NEWS - Name Check clearance not reqd. if 180 days since RD

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InTheMoment

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http://immigrationportal.com/attachment.php?attachmentid=17270&d=1202337346

GREAT NEWS - Name Check clearance not reqd. to process I-485 if 180 or more days have passed since NC was initiated (Name was received by FBI)

USCIS Interoffice Memo issued by Michael Aytes (Associate Dir., Domestic Operations): Feb 04, 2008
......

Where the application is otherwise approvable and the FBI name check request has been pending for more than 180 days, the adjudicator shall approve the 1-485,1-601,1-687, or 1-698 and proceed with card issuance. The FBI has committed to providing FBI name check results within this timeframe.

.......
 
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I can't believe it!!!

Is there a light at the end of the tunnel?
My I-485 RD is 08/25/2003
waiting for approval soon!!!
 
That is great news.
Remember, you still have to wait until your PD is current though.
Hopefully, all the people who have been waiting for ages due to pending name check and who's PD are current will get approvals soon.
That probably also means more numbers go away from the pool and retrogression gets worse.
 
Great news and my first inclination is not to believe it!
I applied a couple of years back so I'm ready to receive my GC.
Aaarrrggh!! EB2 for India is unavailable.
heh heh heh, what did I expect?
On the whole, good news. :)
 
This indeed is a great news. I wish everyone good luck. I hope this is going to be a positive step forward for all the folks who has been waiting forever. At least we are not at the mercy of FBI from now onwards. They do make you feel like criminals regardless of your background and this will put a full stop to it. No offence to the friends who may have a record.

PD: Oct 2002, EB3 RIR India
 
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i went to local office today. I handed the memo to the information officer at the front. He seems to be stunned as he read through the memo. Then he asked me wait and he went inside for half an hour. After coming back, he informed that the memo came their office today and there is a meeting going on how to handle this case. He couldn't give any more information on it
 
I just came back from the USCIS office. I had infopass appt to find out about my name check status. I asked the IO about this memo and she had no idea what I was talking about. Seems like they still haven't issued internal departmental memos to every field office yet. BTW, IO did inform me that my name check is cleared. AWESOME!! Good luck to everyone who is stuck in this mess.

EB3 India, Oct 2002
 
I went to an infopass appt in NYC local office to inquire about my pending I485 which was filed at TSC. A couple of questions.. hope u can help me out
1. the officer told me he can't help with a case in TSC, i have to contact TSC directly. is this true??
2. how do i find out if my case is stuck in name check?
 
kkc15 said:
I went to an infopass appt in NYC local office to inquire about my pending I485 which was filed at TSC. A couple of questions.. hope u can help me out
1. the officer told me he can't help with a case in TSC, i have to contact TSC directly. is this true??
2. how do i find out if my case is stuck in name check?
Click to expand...

Yep, they say so at 26 federal plaza
you should've asked to talk to the supervisor.
They actually have all the info but lazy officers at the window doesn't want to go and check it in the CLAIMS database
or may be they don't have a clearance for it
 
Priority date has to be current for 180 day rule?

With this new 180 day rule, the priority date still has be current right to take advantage of the rule?
So basically 180 should have passed, you have approved 140 and priority date is current that is when the rule applies?

Please let me know.
Thanks in advance

PD: March 2005
applied for 485 in July 2007.
 
kiranmm13 said:
With this new 180 day rule, the priority date still has be current right to take advantage of the rule?
So basically 180 should have passed, you have approved 140 and priority date is current that is when the rule applies?

Please let me know.
Thanks in advance

PD: March 2005
applied for 485 in July 2007.
Click to expand...

Yes, you must be current, your NC must be 180 days old, and all other processing must be done

June/July filers need not hold their breath. They will not be getting their GCs this year.
 
nelsona said:
Yes, you must be current, your NC must be 180 days old, and all other processing must be done

June/July filers need not hold their breath. They will not be getting their GCs this year.
Click to expand...

Could you tell us what makes you think so ? "June/July filers need not hold their breath. They will not be getting their GCs this year"

All checks and processings except for FBI name check can be done fast. It takes minutes/hours/days but not even months (if there is no RFEs)
The name check is the only one processing which they do manually and it does not depend on their-USCIS speed because they are waiting for the results from FBI and they did not work with cases where name check was not cleared. There are only two options to make your idea real:

1. USCIS moves back processing date
2. DoS moves PD back.

TSC has moved processing date back, but NSC moved 10 days forward,
inspite of the fact that memo is effective since 02/04/2008.
 
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I personally got stuck in a name check since December 2005. EB-2 worldwide. My visa number was current all those months. However, no any signs of GC at this point. The LUD has not changed since December 2005. It is always that they case is received and pending.
 
pooh1234 said:
I personally got stuck in a name check since December 2005. EB-2 worldwide. My visa number was current all those months. However, no any signs of GC at this point. The LUD has not changed since December 2005. It is always that they case is received and pending.
Click to expand...

Wait till Mar/Apr and write to them or call them.
Better still, do it now via an infopass. Might not help you but you're in a no lose situation.
 
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