I-140 Secrity checks @ TSC ---- big danger....

R

rajusus

Registered Users (C)
Did any body faced this issue ?? how long it takes to clear I-140 security check ?

PD : 2003/June/03 (Labor Sub Eb2)
I-140 filed on Dec18th 2006
Upgraded to PP on Feb8th2007
Went to security cheeck ... never know when they r gonna approve


I am worried once visa numbers available if they remove concurrent filing i may not be able to file I-485 . There is a proposal to remove concurrent filing.

Any ideas about this situvation.. share ur exp's...
 
I wasn't aware that there is security check in I-140? Isn't it done in the I-485 stage along with medical examination??
 
I was under the impression that security checks happens at the 485 level only. Did not know it occured at the 140 stage also.
 
rajusus said:
Did any body faced this issue ?? how long it takes to clear I-140 security check ?

PD : 2003/June/03 (Labor Sub Eb2)
I-140 filed on Dec18th 2006
Upgraded to PP on Feb8th2007
Went to security cheeck ... never know when they r gonna approve


I am worried once visa numbers available if they remove concurrent filing i may not be able to file I-485 . There is a proposal to remove concurrent filing.

Any ideas about this situvation.. share ur exp's...
Click to expand...

Sorry about having to tell you this. There is a thread on the Nebraska I-140 on this. I am also one of the guys that are stuck in this. It takes a while to come out of this hole. But with all the changes happening it might start clearing soon.
 
Got this letter today from USCIS after I initiated an inquiry on my case -

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

I-140
Service Center: 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.
 
mikees said:
oh man, thats a big disaster in waiting for future applicants...
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My attorney said mine is the fifth I-140 case from their office which is under security check during the past month and according to him it was very uncommon to see such occurence during this stage. They have no clue if it would take 2 weeks or 2 months or even 2 years to get the application approval. I classify my case into this category ;) >>> "Ab aap ko dawa ki nahin duwaa ki zaroorat hai!"
 
Update on my case...

I decided to upgrade my application to Premium Processing last month after I got no response from TSC after replying to the RFE in Feb 2007. I noticed that there were changes to the LUD but no decision was made after 15 days. I then decided to contact my lawyer for a status check and this is his reply to me today...

Your I-140 petition is still pending at the USCIS. It is likely that your I-140 petition is pending security checks. The government's position is that security checks cannot be expedited post-Septemebr 11th. I know of at least 2 cases where I-140s have been pending for more than 2 years due to security checks. While I believe that your case is probably pending security checks, I have not received anything in writing from the Texas Service Center regarding your case. Based on my discussion with an immigration officer at the Texas Service Center, your case was transferred to the Review Section of the Texas Service Center. There are various reasons why a case is transferred to the Review Section. Normally this means that a case is pending security checks. I have requested that the Texas Service Center provide me with additional information about your case. I will notify you as soon as I hear back from them.

Update - My lawyer received an e-mail from the TSC today confirming that my I-140 petition is on hold pending security checks.

Can we now start to track such cases in this thread as I am sure there are many others stuck just like me?
 
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I am in the same boat

I am in the same boat man. PP does not help. You will receive your refund for PP after TSC receives your case from the people who are doing the Security Checks. We got no choice but to wait and wait and wait. Good Luck.
 
ajz3 said:
I am in the same boat man. PP does not help. You will receive your refund for PP after TSC receives your case from the people who are doing the Security Checks. We got no choice but to wait and wait and wait. Good Luck.
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How long have you been waiting ajz3? What next steps did your lawyer suggest?
 
I am in a same situation. My concurrent filing RD was Dec 29, 2007 and ND for 140 was Jan 04, 2007. Since then there is no LUD on my 140, though i have not yet contacted Texas Center about my case, but this is what i suspect. Since my case is at the edge of processing dates (currently Dec.14) so i will wait for a week or two before checking my status or taking infopass. Its a damn mess!
 
AAABLAUTCHALEN said:
How long have you been waiting ajz3? What next steps did your lawyer suggest?
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It feels like I have been waiting forever. Frankly I dont even remember the exact date. I filed for I140, I know its been atleast a 1-1/2 years. I filed for PP last year and nothing happened. I called the customer service every week to check the status. Everytime they told me the same thing. It in security check, background check. I ask cutomer service, if there is another number I could call and find out more information. They said you have to call us. They told me this will take long time and when I asked, how long, they said they dont know. When we receive the case back from whoever, we will mail you the decision. Its been more than 6 years in waiting alltogether. Good luck to everyone. Stay Positive. Whatever happens, will happen for a very good reason. ;)
 
Question to all of you who are stuck in I-140 security check..

Did you all file concurrently with you 485? Is there any pattern to this? And for those who tried PP, did you get your money back?

I sincerely hope this security check will shorten your 485 security check.
 
I believe I'm stuck in an I-140 security check too. I've stopped worrying about this mess. If it isn't the namecheck, it's some other check.
 
drooA... Yes, i did file concurrently though, and its been known that on average, time taken for 140 filed independantly takes less than 140 filed concurrently with 485.
As for as 140 check will shorten 485 name check, i donot think its true. As both checks are different in nature and exclusive of each other.
 
it seems that I am in the same boat. I concurrently filed i140 and i485 together, then upgraded i140 to PP, got RFE.

It appears that security check problem only occurs for those who concurrently filed i140 and i485. cross finger.

Current Status: Response to request for evidence received, and case processing has resumed.

On July 16, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


rajusus said:
Did any body faced this issue ?? how long it takes to clear I-140 security check ?

PD : 2003/June/03 (Labor Sub Eb2)
I-140 filed on Dec18th 2006
Upgraded to PP on Feb8th2007
Went to security cheeck ... never know when they r gonna approve


I am worried once visa numbers available if they remove concurrent filing i may not be able to file I-485 . There is a proposal to remove concurrent filing.

Any ideas about this situvation.. share ur exp's...
Click to expand...
 
I read in some concurrent filing FAQ (search "concurrent filing in Google)that previously there was a policy in effect that if you are a concurrent filer, your I-140 will not be cleared until the FBI background check is cleared. Also, it mentioned the policy was no more in place, and I-485 and I-140 are processed independently.

I am wondering if they invoked the old policy. Can anybody substantiate this?
 
drooA said:
I read in some concurrent filing FAQ (search "concurrent filing in Google)that previously there was a policy in effect that if you are a concurrent filer, your I-140 will not be cleared until the FBI background check is cleared. Also, it mentioned the policy was no more in place, and I-485 and I-140 are processed independently.

I am wondering if they invoked the old policy. Can anybody substantiate this?
Click to expand...

Just to share my personal experience, I filed I-485 and I-140 concurrently, I-140 was approved just under 30 days, but I-485 got spectacularly stuck in FBI NC. My understanding is that only FBI NC takes that long, all other background checks (IBIS, IDENT, fingerprints) are automated and done in a matter of days. I hope they won't do another NC for your I-485 once I-140 NC is cleared.
 
koku1 said:
Just to share my personal experience, I filed I-485 and I-140 concurrently, I-140 was approved just under 30 days, but I-485 got spectacularly stuck in FBI NC. My understanding is that only FBI NC takes that long, all other background checks (IBIS, IDENT, fingerprints) are automated and done in a matter of days. I hope they won't do another NC for your I-485 once I-140 NC is cleared.
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Very good point koku1...but i have heard from some people that a lot of cases USCIS hold the 140 if 485 NC is pending. What you guys think about that.
 
My I-140 case was not filed concurrently but is still in Security Check. I have taken an INFOPASS appointment on July 27 to meet an immigration officer to discuss my case. I will update the developments after this meeting.
 
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