Per CSC: Wont touch I-140 till they get name check clearance

S

santosh_30

Registered Users (C)
All:

I just got an e-mail reply to my question about my I-140. They are sayign that they will not touch I-140 until they get name check. THis is ridiculous. I have DWI and may get a "hit" in name check. SO I wont have an I-140 and so cant change jobs with peace of mind after 180 days. I have seen other cases where people have been stuck in name check but their I-140 has been approved. Why is it different now?

Can some one please explain this. I would really appreciate that.

Thanks,

Pravin

-----Original Message-----
From: 140, CSC XII [mailto:CSC-XII.140@dhs.gov]
To: XXXXXXXXX
Subject: Re:Question about I-140 status (Receipt #: WAC0514XXXXXX ,

The I-140 will be adjudicated once the I-485 clears fbi name check. Both
applications will be processed at the same time.

The Service has NO control over how long it takes FBI to clear the name
check..

Center Adjudications Officer
Division XII
California Service Center


__________________________________________
Dear Sir/Madam:

My I-140, Application to Adjust to Permanent Resident Status, was filed on
04/14/2005 (Receipt Notice Date).

However, the last update date for my I-485 is 04/25/2005 and there has been
no
update since then.


I was writing to find out if there have been any more developments in my case since 4/24/05.
 
not true

I think this is not truw as there are number of persons that have 140 approved by CSC but now are stuck in 485 due to Name check (as per CSC).
 
That is ridiculous....They cant just make a blanket decision like that.....they we wouldnt have filed concurrently...

-Pravin
 
santosh_30 said:
All:

I just got an e-mail reply to my question about my I-140. They are sayign that they will not touch I-140 until they get name check. THis is ridiculous. I have DWI and may get a "hit" in name check. SO I wont have an I-140 and so cant change jobs with peace of mind after 180 days. I have seen other cases where people have been stuck in name check but their I-140 has been approved. Why is it different now?

Can some one please explain this. I would really appreciate that.

Thanks,

Pravin

-----Original Message-----
From: 140, CSC XII [mailto:CSC-XII.140@dhs.gov]
To: XXXXXXXXX
Subject: Re:Question about I-140 status (Receipt #: WAC0514XXXXXX ,

The I-140 will be adjudicated once the I-485 clears fbi name check. Both
applications will be processed at the same time.

The Service has NO control over how long it takes FBI to clear the name
check..

Center Adjudications Officer
Division XII
California Service Center


__________________________________________
Dear Sir/Madam:

My I-140, Application to Adjust to Permanent Resident Status, was filed on
04/14/2005 (Receipt Notice Date).

However, the last update date for my I-485 is 04/25/2005 and there has been
no
update since then.


I was writing to find out if there have been any more developments in my case since 4/24/05.
Click to expand...

I also got the same reply. Have you got your EAD/AP? Seems like they are waiting for Name Check to be complete before opening the file. In a way it is good that 140/485 will be adjudcated same time.
 
First of all your email is requesting status on your adjustment of status which is I-485 and you didn't ask specifically about status on "Immigrant petition for Alien worker" I-140, so your question might have interpretted as a status enquiry on your I-485.

Also, the response on "140 adjudication" doesn't make sense, since 140 cases are being processed for cases filed on or before april 1st, so they are not even looking at your case now, in such case the response should have been something like "we haven't started processing your case and we will notify you when a decision is made on your case bla... bla..."

In addition, there were so many cases filed concurrently have 140 approved 485 waiting on name check.
 
140 approval is not dependend on 485

Read this recent Yates Memo on Regression that also explains about Concurrent Adjudication.

http://uscis.gov/graphics/lawsregs/handbook/VisaRegrssn122904.pdf

In section 3 point (b) "Concurrent Adjudication", it specifically says "Adjudication of the form I-140, however, is no longer dependent on the adjudicative readiness of the form I-485." though this statement is made from the visa number retrogression, it clearly says that 140 is not dependent on 485, however if there is a dependency on name check then that would have specifically mentioned here.
 
I agree....

GCforever:

I agree with everthing that you say. I was jsut trying to point out how irrational a reply I got from CSC.

They have done the same thing for me with 485, where they said they mailed FP notice to me and my lawyer 2 months ago and we still have not received it.

However, with respect to your point about them currently processing cases for April 01, 2005; I was under the impression that that was the date they make a decision and not when they start processing cases.

Santosh_30
 
santosh_30 said:
GCforever:

I agree with everthing that you say. I was jsut trying to point out how irrational a reply I got from CSC.

They have done the same thing for me with 485, where they said they mailed FP notice to me and my lawyer 2 months ago and we still have not received it.

However, with respect to your point about them currently processing cases for April 01, 2005; I was under the impression that that was the date they make a decision and not when they start processing cases.

Santosh_30
Click to expand...

Did they finally mail you the FP notice or not? It's so painful to figureout what's going on there, with so many memo's, dissimilar email response for similar cases...

My understanding on processing date is such that the cases filed on or before the specified date are assigned to respective adjudicators for their processing. When they approve is entirely upto the adjudicators upon completely persuaded. Again this is from my interpretation based on the postings i read from this forum, so it may not be entirely true.
 
GCforever makes senses, IMO.
I found USCIS answers very mechanically even when I called them
and talked with a live person.
They would not expand any info beyond the immediate context
of my question. Next time I contact them, I would formularize
more carefully (like a lawyer) because I have to wait 20 minutes
or so on the phone. :)
 
fdfd said:
GCforever makes senses, IMO.
I found USCIS answers very mechanically even when I called them
and talked with a live person.
They would not expand any info beyond the immediate context
of my question. Next time I contact them, I would formularize
more carefully (like a lawyer) because I have to wait 20 minutes
or so on the phone. :)
Click to expand...

right, as with any other customer service uscis may not like calls from customers, but most likely may prefer email, for instance, if you send your enquery by email and also call the customer service for very same enquery, your answers for both may not be identical, that's because when you are on phone with a CS agent you are pretty much demanding an answer right away, so you would probably get pretty much standard response not any other info beyond it.
 
GC_for_ever said:
Did they finally mail you the FP notice or not? It's so painful to figureout what's going on there, with so many memo's, dissimilar email response for similar cases...

My understanding on processing date is such that the cases filed on or before the specified date are assigned to respective adjudicators for their processing. When they approve is entirely upto the adjudicators upon completely persuaded. Again this is from my interpretation based on the postings i read from this forum, so it may not be entirely true.
Click to expand...

They said that they will send me "another" FP notice. I dont think they ever sent the firt one. Both me and my attorney wont lose it in the mail at the same time.....

But this is what I was talking about....though my RD is 4/14/05, they said they mailed my FP notice on 4/19. How could they touch my case two months ago if they havent even started April1 yet??

Its all chaos over there....no accountability....

Santosh_30
 
santosh_30 said:
They said that they will send me "another" FP notice. I dont think they ever sent the firt one. Both me and my attorney wont lose it in the mail at the same time.....

But this is what I was talking about....though my RD is 4/14/05, they said they mailed my FP notice on 4/19. How could they touch my case two months ago if they havent even started April1 yet??

Its all chaos over there....no accountability....

Santosh_30
Click to expand...

FP notice is something they send for all 485 accepted cases whilte it's waiting in the queue and also sending an FP notice doesn't mean that they started to process your case for adjudication.

I also saw in some other thread from one guy saying that USCIS had entered incorrect address and his EAD could never be delivered and bounced back to USCIS, did you check if they got your address correct for all your cases? also ask them if they received the bounce back mail.
 
GC_for_ever said:
FP notice is something they send for all 485 accepted cases whilte it's waiting in the queue and also sending an FP notice doesn't mean that they started to process your case for adjudication.

I also saw in some other thread from one guy saying that USCIS had entered incorrect address and his EAD could never be delivered and bounced back to USCIS, did you check if they got your address correct for all your cases? also ask them if they received the bounce back mail.
Click to expand...
GC For Ever

I see your point.

I dont know how they can make a mistake on both my address and my attorneys. I did get the EAD and AP at my home address.

I am planning to wait for a week to get the "new" FP notice and then I will contact them if I dont get it.

THanks again for your responses.

Santosh_30
 
I got the same reply.

The email reply for my I140 status inquiry (June 15th):

----------------------------------
The I-140 will be adjudicated once the I-485 clears fbi name check. Both
applications will be processed at the same time.

The Service has NO control over how long it takes FBI to clear the name
check..


Mario Bueno
Center Adjudications Officer
Division XII
California Service Center

---------------------------------

Does anybody know why the CIS still process I140 and I485 together? I remember early this year they said they wound process them seperately.

GC-062004

I140 RD/ND 06/2004
I485 RD/ND 01/2005
FP 03/2005
 
I gues its only this officer who is doing it, I got exactly same reply from him. More so my I-131/765 is also waiting for Name Check approval. Never heard of this kind of situation before.Its BS and frustrating. I don't know what can be done. Name Check's Months and Years to be cleared, i called up FBI Liason this morning and they said drop them an email and they will reply in next 5-6 months.
Don't know what are our options.
 
may be this guy isn't upto date with memo's, the option i can think of is to wait until your case exceeds 30 days or more after the processing date shown in JIT and then formerly send enquirey on 140 through your attorney. make sense?
 
GC_for_ever,

I doubt if your way will work. Since my attorney ever sent two inquiries for I140 within last 3 months, both of them were at least 6 months beyond processing date in JIT. None of the inquiries worked. in fact, for the first one, they mentioned "pending review and system check", for the 2nd inquiry, they said "I140 and I485 will be processed at the same time".

Maybe only GOD KNow what they are doing.

GC-062004


GC_for_ever said:
may be this guy isn't upto date with memo's, the option i can think of is to wait until your case exceeds 30 days or more after the processing date shown in JIT and then formerly send enquirey on 140 through your attorney. make sense?
Click to expand...
 
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