Old 485 applicants should or should NOT support AILA?

greatgc

Yes USCIS is fed up with name check. THis is the first time USCIS took a wise decision and decided to clear GC without waiting from that dept.

Now our attorney friends are pissed up as we will be free of shakles. They thought by introducing thousands thousands of new applications they will be the winner.

We should send feedback to AILA and ask them to focus on real issue which is namecheck. They should sue that namecheck process.
 
Lawyers won't get much advantage of old cases. They do not like old applicants get approve. They work for employers than employees.

Only first time I applied for EAD with attorney.

All other times I applied myself. It gets approved without any problem. EAD/AP are just one page application. After handling so many things, I felt this is very easiest application to apply by own.
 
swas said:
First of all I went to infopass and spoke to IO.
Then I called TSC and that IO told me in detail.
By speaking to both of them I was sure last week itself they are giving GC irrespective of name check.

Now www.immigration-law.com has mentioned this in breaking news.

Also another post here confirmed the news from AILA website.

I am afraid because of this stupid AILA suit, USCIS might stop all processing.
Click to expand...

I hope and wish you were right Swas, though I highly doubt USCIS approves a case while name/backgound checks is pending... May be I don't know something you know, I went through a lot of breaking news on shusterman and immigration-law and postings here I didn't get that impression.
 
There are three background checks done, FBI name check is just one of them. The other two get completed within hours or days. The Ombudsman was questioning the value of the FBI name check, given that it takes so long and almost never catches anybody who wasn't caught in the other two background checks. So if they wanted to approve cases without the name check being completed, I don't think the law would stop them from doing so, given the other two background checks having been done.

But at this point, who knows what really happened. With time the real facts will come out ... Did they actually approve 60,000? Did they skip name checks? Did they preassign visa numbers? The truth will come out and I hope somebody gets fired. Those madmen have been accountable to nobody for too long, taking pleasure in their own enormous incompetence.
 
Last edited by a moderator:
anyone got approval

without NC clarance lately?
Up to this moment there is no evidence to support the theory that CIS has approved any such cases.
Although I wish this theory was true, I doubt it. The CIS has to take some dramatic revision to their procedures if this theory was true.

Something needs to be done to the NC, which is to blame for most of the delays. If there is a lawsuit, it should be pointed at the NC, not the VB, nor DOS. Afterall, what good if people can submit 485 in July but not get approval in 5 years?

CIS' recent action has been quite reasonable and fair to meet the FIFO principle.
 
LUD on 7/4/2007, USCIS Rep Says Case Approved

Hello,

After reading all these rumors about USCIS approving without NC, getting hopes agaign.


I had an infopass on 06/08/07 at Atlanta ASC and was told I am stuck in Name Check. Given FP2 on 05/04/07.

On 07/02/07, I called TSC to check the status and the Service Rep told me whether the document mailed on May 09th was received or not. I did receive the USPS redirect mail (I moved in April to new address) around May and thought that's the same document online status is saying.

But the Service Rep told me, as per his info my case is Approved and the document mailed on May 9th is GC. And service rep told to file I-90 (I think this is to get lost card)

But at InfoPass on June 8th, was told NC pending.

Now I see LUD (07/04/2007, yes it's July 4th) on both mine and spouse casees?. No msg change though. It doesn't say anywhere my case is pendin!!.

I am consused. Something is cooking at USCIS. Is really someone working on July 4th?.

My PD is: Dec 03, 2007

The following is the online status
Current Status: Document mailed to applicant.

On May 09, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

Any thoughts???.
 
w8ting4gc said:
Something needs to be done to the NC, which is to blame for most of the delays. If there is a lawsuit, it should be pointed at the NC, not the VB, nor DOS. Afterall, what good if people can submit 485 in July but not get approval in 5 years?
Click to expand...

Ironically I travel internationally on work almost every month. Once the IO at airport immigration asked me "What is happening with your case? I don't have space in your AP any more for stamping !!" .... for which I replied "You tell me what's happening :) " ..... absolutely true about the horrendous delays NC has caused for many.
 
My lawyer did not even bother me to inform me that the june VB is making progress (OR) july visa bulletin is becomming current - i just happened to know by accident due to a chat with a friend of mine. They are suppsoed to monitor and keep us updated. Crap guys.

Threats and Name check - Doing a name check at 485 stage is not any impact, Remeber those bad guys in 2001 were on F1. If USCIS want to prevents threats, they shoud do NC on all visa (H1, J1,TN, tourist, transit,F1).
Does a guy who pose a threat even care to file for labor, wait for x years, beg employer to file I-140, pressurise to file 485... cooomon guys - be practical.
 
Last edited by a moderator:
Hey Swas,

swas said:
First of all I went to infopass and spoke to IO.
Then I called TSC and that IO told me in detail.
By speaking to both of them I was sure last week itself they are giving GC irrespective of name check.

Now www.immigration-law.com has mentioned this in breaking news.

Also another post here confirmed the news from AILA website.

I am afraid because of this stupid AILA suit, USCIS might stop all processing.
Click to expand...

Whether USCIS has allotted visa numbers to Pending NC applications, is a million dollar question! Myself being stuck in over 40 months in NC, if approved, would be a very good case to support your point. :) but i doubt it.
Even www.immigration-law.com says it as an ASSUMPTION...

For a minute even if we assume that's true, AILA is making things very complicated...(reading thru AILA's allegations against USCIS in support of their suit is very disturbing like revocation of approved I-485 etc.,). They are trying to create a sense of fear the way USCIS adjudicating the I-485 without NC (Still no one know for sure if this is correct) just to make their money... which they can anyway make starting Oct '07.

In all these confusions, i guess now FBI should be taking the heat to process all long pending NCs to clear ASAP.
 
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, USCIS Ombudsman recommended to discontinue NCs in his last report. Maybe USCIS decided to act upon his recommendation right now (I hope so). I am sure the decision of such magnitude wouldn't be made without an approval from the very top, and consulting with government lawyers. I also think that USCIS / DOS envisioned possibility of a lawsuit when pulling up EB visa numbers, and they are prepared to counter a legal action by AILA.

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.
 
Guys,

It is illegal for USCIS to approve any I485 Employment Based application from July 2nd until Oct1st or until July 31st or until DOS revises its visa bulletin. In case, if they do that, it will be a cake to win the lawsuit by AILF.

So, do not expect any approvals from July 2nd. If USCIS approves cases, there will definitely be update from DOS and USCIS so new AOS applicants can file cases.

One suggestion for all selfish AOS waiters. Imagine the trouble of an co non immigrant to be on H-1B for 5- 10 years, don't you think you are in much better shape, being able to change jobs, spouse being able to work without visa, able to plan your family life and kids. How can you not support AILF in this lawsuit being one of those people couple of years back.
 
knowDOL said:
Guys,

It is illegal for USCIS to approve any I485 Employment Based application from July 2nd until Oct1st or until July 31st or until DOS revises its visa bulletin. In case, if they do that, it will be a cake to win the lawsuit by AILF.

So, do not expect any approvals from July 2nd. If USCIS approves cases, there will definitely be update from DOS and USCIS so new AOS applicants can file cases.
Click to expand...
They might give approvals in July, with approval dates in June. For example, somebody in another thread reported receiving the approval email and card in late June, but the approval was dated June 4.

There might be some extra legwork to be done after stamping "approved" on your case file, in order to get it properly registered in the system and send out the notice and order the card.
 
I have a good friend from China who had waited with her husband for their PD to become current. At one point, the bulletin showed a nearly 2-year of wait for EB2 China. Then there was that bulletin in mid June. Over the next two weeks they were up later everyday to prepare for their applications (they didn't hire attorney; her employer helped until I-140 naturally but they insisted they couldn't help I-485, and given the timing no time left to shop around for a good attorney's office), went to medicals, went to bank... did all those things by themselves by making time arrangements with work (and otherwise working hard during work hours). Only to find their application would be rejected and returned and they would have to rewrite their check with unfuckingbelievable fees.

She's into her 5th year with the current job, and it's her 10th year in the U.S.

My support is with her. CIS should at least accept those applications for the pending status, if not treat them as adjudicatable, so that they at least become eligible for authorized stay and AP/EAD (this is actually one of those things the legal immigrant community has been asking for).

I don't want to see the legal immigrant community divided on this. This should not be either-or, should it? Had those idiots on the Hill not stuck to incomprehensible "comprehensive immigration reform" which would never ever be workable and only harm us, had they passed SKIL to resolve OUR problems, and had they fixed the name check mess ALREADY in a CLEAR, NON-ARBITRARY manner, this fiasco could have been avoided. Let's not let them pit us against new filers.


knowDOL said:
Guys,

It is illegal for USCIS to approve any I485 Employment Based application from July 2nd until Oct1st or until July 31st or until DOS revises its visa bulletin. In case, if they do that, it will be a cake to win the lawsuit by AILF.

So, do not expect any approvals from July 2nd. If USCIS approves cases, there will definitely be update from DOS and USCIS so new AOS applicants can file cases.

One suggestion for all selfish AOS waiters. Imagine the trouble of an co non immigrant to be on H-1B for 5- 10 years, don't you think you are in much better shape, being able to change jobs, spouse being able to work without visa, able to plan your family life and kids. How can you not support AILF in this lawsuit being one of those people couple of years back.
Click to expand...
 
Last edited by a moderator:
knowDOL said:
Guys,

It is illegal for USCIS to approve any I485 Employment Based application from July 2nd until Oct1st or until July 31st or until DOS revises its visa bulletin. In case, if they do that, it will be a cake to win the lawsuit by AILF.
...
Click to expand...

Case can be approved in June but approval letter be send in September. I don't see any problem with this trick.
To support the statement I'm aware of at least one 485 approval sent on July 2nd (EB3) after all EB-category became unavailable.
 
GC_04 said:
Hello,

After reading all these rumors about USCIS approving without NC, getting hopes agaign.


I had an infopass on 06/08/07 at Atlanta ASC and was told I am stuck in Name Check. Given FP2 on 05/04/07.

On 07/02/07, I called TSC to check the status and the Service Rep told me whether the document mailed on May 09th was received or not. I did receive the USPS redirect mail (I moved in April to new address) around May and thought that's the same document online status is saying.

But the Service Rep told me, as per his info my case is Approved and the document mailed on May 9th is GC. And service rep told to file I-90 (I think this is to get lost card)

But at InfoPass on June 8th, was told NC pending.

Now I see LUD (07/04/2007, yes it's July 4th) on both mine and spouse casees?. No msg change though. It doesn't say anywhere my case is pendin!!.

I am consused. Something is cooking at USCIS. Is really someone working on July 4th?.

My PD is: Dec 03, 2007

The following is the online status
Current Status: Document mailed to applicant.

On May 09, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

Any thoughts???.
Click to expand...
don't trust. it's NOT the approval. I was in the same situation - called, customer service rep told me that it's an approval, i called and talked to IO. She said it isn't and she was right.
 
I do not understand

If no more approvals are allowed after 7/2/07, what about those pre-adjusted cases which used up those 60K but not approved in timely within June? Those cases already had the visa numbers but can not be approved in July to Sep? I saw other threads saying we will see some approvals from July to Sep, per IO in TSC?

some one can clarify?
 
You must log in or register to reply here.
Top