Name Check pending status from USCIS

sensat said:
GC_marathon,

There are still couple more people who are in the same status as we are. I have a senator following up with the uscis every 30 days. I had asked them a status 6 mths back and they had sent me a letter saying if I dont hear anything from them in 6 mths, then give them a call.

I gave them a call last wednesday. They said they would research my case and give me a reply within 30 days.

My lawyer is also following up the case.

This is the background info abt my case.
Click to expand...


Thanks for the information. Other information we can share is about the size of the company you are working (mine is about 35 people). Did you file through a substitute labor or regular path? Are there any more in your company going through the similar situation? Did you ever made an infoPass appointment? I made one yesterday, lets see what happens. I am also requesting my lawyer to generate a query. I will talk to my senator about getting an update every 30 days seems like a great idea. I think we have to bug the hell out of them so that they have to give some decision.
Fingers crossed. Please respond.
 
Mine is a pretty big company. Maybe around 1000 consultants. There is only one other guy I heard of in my company who has the problem. Mine is a regular labor. I had not done a infopass yet. Let me know what happens.
 
Ok. I went through the infoPass, I drove for an hour and waited for 3.5 hours there only to find that the USCIS offices are closed and the immigration officer cannot call them. I am such an unfortunate person. Anyways, I now have 2 options left 1) Trying ombusman office and 2) Filing law suit against USCIS.

Anyone has any experience of going through uscis ombudsman office? Please share your experience.

I think I will end up filing law suit, still before I want to consume all other options.

Please suggest.
 
Hi, Ab Kya Karun1
Whould you pls let me know how contact USCIS Ombudsman? My relative's N-400 case is pending for 7 (!) years. Please help!
 
GC Marathon:

My wife's and mine I485 were said to be on hold.

I could not renew my EAD, my wife is currently trying to extend her H1B (after 6 years, for another 3 year).

We are worring the H1B Year7-9 extention application will be denied. Are you on H1B Year7-9 or just H1B Year4-6?

Senators offices are of little use.

My wife's EB2
May01 PD
Feb03 I140 Approved
I485 Oct 03 received
 
zhouxiyu,

I am in a similar situation. My H1-B extension is dues in 5 months and I am not sure if they will extend it or not. I certainly hope so.

Please update if you get through the H1-B extension first. Also, have they given any reason as to why they are holding your Adjustment applications and benefits?
 
No they did not.

We submitted I485 in Oct. 2003.

In Dec. 2004 we sent email asking whether our name check was cleared.

In May 2005 FBI said USCIS's submission has an error.

Senator's office found out USCIS did not fill in 'country of birth' (of course Texas center said we did not enclosed our birth certificate', but even if that was true, why didn't they issue an RFE?)

We re-submitted copy of birth certificate. Husband's name check cleared in two months, wife's is still pending.

In Sep. 2005, Texas Center told senator's office they were on hold.

Husband's EAD was issued in Oct. 2005 with error, in March 2006 when I tried to get the error corrected face to face at Charlote (N.C.) center, the agent told me 'yours was on hold, nothing I could do'.

It seems 'on hold' is quite peculiar, because our lawyer still thought H1B could be extended. We will inform you of H1B ext. application result
 
wife's H1B extension approved

in 10 days (premium processing)

My EAD card was at last corrected (at least according to their website), I am out of town so have not seen it yet.

So maybe 'Hold Up' is not that dreadful?
 
what does this translate to?

485 RD 06/24/2005.

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 benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If you do not receive 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 below.

Does the above translate to "Name Check"? Any response is greatly appreciated.
 
Yes, I think so... They claim that background checks are conducted by may agencies. FBI, CIA... But I havent heard any issues related to CIA. Looks like that might not be true, but a standard information. But for GC the main bottleneck is usually NC. If it says background check pending, it means definitely FBI name check.
 
thank you

Thank you so much yoginm73. I can now happily change jobs, since it may take a while for a decision to come and my 485 have been pending for more than 365 days As I am going to use AC21, ( My employer is not happy to leave, I am still a healthy cow ) what is the worst I can expect from my would be ex-employer and what are the chances for me to fight back.( if my approved 140 is revoked, or if the labor is reused etc etc) I got a Full TIme offer from a decent company with decent pay & benefits( More than what was mentioned on LC) the titles are a little different(Sr. Prog. Analyst on LC,
Sr.Software Design Eng. on the current offer) and job duties are very much similar.
Does the skills have to match in it's entirity? ( With the ones mentione in LC)

I thank you all the members of this forum for sharing their experience, the pain of getting a GC would be much worse without sharing.
 
gcJul2003,
There should not be any issue with changing employer. I did the same. But you should take a carefull approach. Before resigning, I spoke to my employer, that I have an offer. But I do not mind staying with him, if he is able to match it, which he would not be able to do it. Usually you should talk to them coolly and help them understand that you have worked with them so long, and so far there has not been any pay hike or promotion. You have now more commitments towards your now bigger family and so have to think of better option. My employer was considerate enough that he even reimbursed 60% of my paid PTOs even though i had signed a contract with them that unused PTO could not be encashed, when I joined him.
Currently I havent even filed for AC21 and kept the same lawyer of the company. My I140 has not been revoked and if I get any query or RFE, I might use the same lawyer but then I would have to pay him out of my pocket then. If my GC gets approved, then I dont have to pay anything. The employer has assured me that they would pass on any queries or documents needed if a need arises.
So best of luck to you. I would suggest, if you are not on good terms with your employer then, you should file G28 (change your representing lawyer) and AC21. Also make sure you have your labor docs copy.
 
That's encouraging. As I did explain to my employer the reasons for moving and we appear to be in good terms. I did complete my contractual obligations and he did understand my situation completely. But I am a little paranoid as the greed for money can take an individual to any extent.
All I can do is wait & c. I did retain the lawyer and have no intentions of filing AC21.
I once again thank you very much yoginm73.
 
well, now assuming the greed theory, even though your I140 is revoked, they should not be able to use your labor now. Since perm have started, they cannot use the labor after 45 days now. I do not know if thats true for the old labor process also. I hope it is. If it is then your employer have no benefits to revoke it. They would loose money with the lawyer in doing so.
 
Yesterday i found out that i am stuck in the dreaded background process. TSC told me that my background check was sent for in Oct. 05. However i was told that my fingerprint check was cleared. I thought that background check includes both namecheck as well as fingerprint check and FBI return all of it together. Has anybody faced similar situation.
 
they are different

Raj97 said:
Yesterday i found out that i am stuck in the dreaded background process. TSC told me that my background check was sent for in Oct. 05. However i was told that my fingerprint check was cleared. I thought that background check includes both namecheck as well as fingerprint check and FBI return all of it together. Has anybody faced similar situation.
Click to expand...
NC and FP are different..generally they are initiated at different times too..please check the attached file in the following thread for details..
http://www.immigrationportal.com/showthread.php?t=215932

Good luck!
 
Thanks a lot for this amazing compilation of information regarding namecheck. Considering your timeline as well as other cases it seems it might be awhile before this can be cleared. Is it not true that senator/congressman can just get the information from FBI..they can not expedite it. Request to expedite a case can only come from USCIS.
 
Raj97 said:
Thanks a lot for this amazing compilation of information regarding namecheck. Considering your timeline as well as other cases it seems it might be awhile before this can be cleared. Is it not true that senator/congressman can just get the information from FBI..they can not expedite it. Request to expedite a case can only come from USCIS.
Click to expand...
It is hard to predict..if you are lucky, it may get cleared within a year!
It is true -generally Senator/congressmen only get status report from FBI (which, in my opinion is more authentic because it shows the date on which FBI received request from USCIS). If you know someone in their office or if they take personal interest, they can expedite it.
Good luck,
Toxsci.
 
Thanks for the update zhouxiyu.

Has anyone tried ombusmann office to request assistance on your case in long pending applications? Please share.

Senator offices are good only for the cases which are not in background checks and still delayed. They however, can get upto date information (non-classified only). If your case goes further into investigation then they cannot get information either.

You would be wondering, since your background is clear you won't have issues like that. So is mine and mine went that far. You just have to be unfortunate enough to have a common name with some bad people and you are set for a bumpy ride.

I am still waiting and no information is frustrating. Waiting for ever now zzzzzzzzzzzz..
 
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