I-140 Applications in Security Check

GCsick2002 said:
Oh Boy....


My labor was filled in July 2002.
It finally got Certified in September of 2006. over 4 years.

In September we filled for the I-140.

In December my priority date became current so we filled the I-485/EAD/AP

After three weeks they returned the I-485 application that our Priority date was not current and we did not file the original labor certification with I-140. Both incorrect. Date was current and we did file the original. There was no RFE on I-140.

In January we filled the I-485/EAD/AP again, things moved this time we got the fingerprinting done, My wife has been issued EAD and AP. But not me.

We also upgraded the I-140 to premium in January. After 18days my Lawyer called and spoke to the immigration officer. He said my I-140 is pending Additional Security Checks, so they will return the premium processing fee and there is no time line the Security Checks will be complete. Once the Checks will be complete my case will be sent back to the processing center.

So make room for me on this sinking boat...... :(
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WHAT IS YOUR Priority date ?
Which category like EB1 or EB2 or EB3 you applied in ?

To me it appears the PD is when your Labour got approved or certified, i.e., September 2006. How it got current so quickly in Dec. 2006 ?
My PD is: October 8, 2004 and my lawyer tells I have to wait for I-485 filing till my PD gets current as in my EB2 category they are processing Jan. 2003 cases as of Feb. 2007. Please clarify. Thanks. :)
 
Does any one knows whether I can file second I140 with my original LC that got approved recently from same company when the first one is still pending? I'm trying to convince my HR, but not sure that happens. If I can file, I would like to go for PP.

Thanks! in advance
 
What is exactly meant by security check for 140 cases?

If application is PP, will they perform security check? (I did not come across any posting associated with PP issues because of security checks)

Is name check a part of security check? You can see a lot of 140 approvals associated with cocurrent and seperate filings where 140 is approved but 485 is pending coz of name check. Is security check not required for these approvals?

How to get out of this SH** as we are not criminals... :confused:
 
priority date is file date

I140toI485stage said:
WHAT IS YOUR Priority date ?
Which category like EB1 or EB2 or EB3 you applied in ?

To me it appears the PD is when your Labour got approved or certified, i.e., September 2006. How it got current so quickly in Dec. 2006 ?
My PD is: October 8, 2004 and my lawyer tells I have to wait for I-485 filing till my PD gets current as in my EB2 category they are processing Jan. 2003 cases as of Feb. 2007. Please clarify. Thanks. :)
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The priority date is the date that you filed (i.e. in 2002) not the date of approval.
 
How to Contact Congressman & AILA

arvindbpatel said:
Yes the LC was original.

I did contact INS via Congressman & AILA every 4 months.
That's all I could have done.
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Hi Patel Congratulaiton I know What you have gone through as I am on the same boat.
Can you please help us How to Approche Congresman & AILA
you believe Does it help. Mine I140 is under Security Check since 3 years
Filed I140/I485 Concurrent Feb 2004 it is now 3 years.

Please advice
 
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hello,

So these security checks, are they being performed in all Centers or just some of the. example my case.

Last year I got my 8th year extension done in Texas. Orginally, my extension was approved but was told to leave the country to get a stamp. My wife got a letter stating that I had a criminal record and that her h4 is not extended. I filed MTR and USCIS reversed their decision. I also had a I140 with PERM with was approved last year. NOw this year using my PERM, I have applied for 3 year extension. Only this time time, its gone to California center. Will they do a sceurith check again, or will they know that In the past 8 monts I have had I 140 approved and H1 extension approved. What are the chances it will get rejected.

Criminal recored was DWI. From all the attornedys, they all said DWI is nieter a inadmissible offense or they can not deport you either. its a regulatory offense. it just depends who is handling the case.
 
I talked to NSC again today and they are not willing to provide any information. Meanwhile, I'm filing my second I140 using my old LC in preimium processing. Hope that will be approved fast.

Best of luck..
 
My second I140 filed with original LC (own LC) in premium processing. This went to Texas Service center, but all my previous filings are at Nebraska. Hope I get an answer in few days.

Thanks!
 
Guys q quick question:
my i140 is pending at NSC since 5/2006(May,2006) . NSC shows they are approving cases of 8/2006...so mine has been passed over ninty days. my lawyer has made inquiry alreday and she got a physical letter in mail that says - its in progress and we should get update soon...but no update so far at all.

My lawyer told me that it might be in security review....Now is there any way to confirm if indeed that's the case...lots of folks mentioned about query through senator..how do we do that ? any website for that ? any phone number etc. ??
does upgrade to PP help ?
 
another question....if nsc sends my file for security review to "wherever" will that trigeer LUD change..

since I filed in May,2006- - i had only one LUD that is 7/22/06 ..thats it...it been more than 9 months no LUD change at all
 
Very_Hopeful said:
I140 has got nothing to do with security check as far I know. My I140 was approved in 5 working days in Jan 07 in PP.
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well I am happy for you and you were just lucky.....read this discussion thread ...there are numbers of people stuck in I140 for years and years due to security check...believe it or not...!!!
 
mgupta2050 said:
well I am happy for you and you were just lucky.....read this discussion thread ...there are numbers of people stuck in I140 for years and years due to security check...believe it or not...!!!
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You can search in the web for congress/senate and in that web site you will get the links to congressman/senator website.

I also got only one LUD 07/29/06 and I applied on 05/15/06. I believe, the reason is security check. Mine is a huge IT company in bay area.

In general, filing only I140 should not trigger security check. If it did, that could be because of the company's background check. This is my guess.

Thanks!
 
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hellogc_2006 said:
You can search in the web for congress/senate and in that web site you will get the links to congressman/senator website.

I also got only one LUD 07/29/06 and I applied on 05/15/06. I believe, the reason is security check. Mine is a huge IT company in bay area.

In general, filing only I140 should not trigger security check. If it did, that could be because of the company's background check. This is my guess.

Thanks!
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I respectfully disagree. I work in Boston in one of big financial company in this country. They have filed hundreds of GC in last 10 year. I don't think company financial background or ability to pay or any thing like that is a question here.....Again, I don't understand what's their logic to trigger security check but its definitely cann't be my employer atleast in my case....and if it is ..i would really be surprised....its about 45000 employees company all over world.
 
mgupta2050 said:
I respectfully disagree. I work in Boston in one of big financial company in this country. They have filed hundreds of GC in last 10 year. I don't think company financial background or ability to pay or any thing like that is a question here.....Again, I don't understand what's their logic to trigger security check but its definitely cann't be my employer atleast in my case....and if it is ..i would really be surprised....its about 45000 employees company all over world.
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ok, if this the case, I don't know why they are holding ypur application and put it in the security check. It make little sense to my case too though they have better reason than your case since I applied both 140 and 485 together.

God only knows when GC saga ends.

All the best..
 
Is there any difference between a security check and a background check?

Got this letter today from USCIS after I initiated an inquiry on my I-140 case at Texas -

"The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.

Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration beniefit you are seeking. We will make an effort to make a decision on this case as soon as the background checks are complete. If you do not recieve a decision or other notice of action from us within 6 months of this letter, please contact us by calling our customer service number provided... blah blah blah!"

PERM: Atlanta
Filing Date: 10 Oct 2005
Audit: yes Category: EB3
Audit Reply Date: 16 Dec 2005
Status: Certified
Certification Date: 29 Aug 2006

I-140: Texas
Type: Regular
Category: EB3 Filing
Type: Non-concurrent
USCIS Receipt Date: 05 Oct 2006
USCIS Notice Date: 28 Nov 2006
RFE: Yes
RFE Reply Date: 06 Feb 2007
I-140 Status: Pending
LUD: 02/14, 02/08
Submitted inquiry thru AILA on 05/14 as case pending for 90 days after RFE reply.
 
I140 Security Check.

My I140 filed in May under premium processing was hold pending Security check.

Can anyone of you answer me these questions.
If I file 485 now, Can I get EAD , Ap etc.. while my I140 pending ?
Is there any chance of I140 rejection based on security clearence.?
How many days appx. it may take to get my I140 security cleared?

my email id : sree52@yahoo.com
 
LC applied from Branch office Location(Chicago) main Branch Boston

Hi,
My companey applied for Labour on June 2003 from Chicago Branch Office got it approved and applied for I140/485 in Feb 2004 both are pending since then when Lawyer enquired got reply saying that Security check On me is pending so can't approve.
Now Companey has closed its Branch office at Chicago location from where they applied Labour,
and there is only Main Office at Boston will there be issue in approving I140.
Please experts replay
 
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