Please help,Inquiry I140, got respone"Name Check pending"

G

greencard_2004

Registered Users (C)
Lawyer inquiry my 140, first enquiry, no respone. Second enquiry, got respone yesterday "Name Check pending"
My case(EB2) filed in April 2004, beyond JIT almost 4 months.
Anybody also get "Name Check pending " for 140?
I remember somebody post USCIS Memo which indicate can process 140 first for concurrent file case, please give link for the Memo.

Thanks

GC_2004
 
Is that what the response say? or did it say something like "pending security checks/detailed review"?

Anyway, here's a link to the memo:
http://www.aila.org/fileViewer.aspx?docID=17148

In Section 3-b, I see the line below which is of interest...
"Adjudication of the Form I-140, however is no longer dependent on the
adjudicative readiness of the Form I-485."
 
mesbah said:
Is that what the response say? or did it say something like "pending security checks/detailed review"?

Anyway, here's a link to the memo:
http://www.aila.org/fileViewer.aspx?docID=17148

In Section 3-b, I see the line below which is of interest...
"Adjudication of the Form I-140, however is no longer dependent on the
adjudicative readiness of the Form I-485."
Click to expand...

Mesbah,
Thanks for your reply. Inquired I140 Got Response by email as following

" FBI Name Check pending.

Namexxxx
Center Adjudications Officer
Congressional & Customer Relations Division XII
California Service Center"

not understand while USCIS hold 140 for Name Check
 
They should NOT hold up 140 for name check. Surprised you got that response from Division XII; you'd think they SHOULD KNOW about the memo. Frustrating! They might as well get rid of AC21 - no point if they're holding up 140s for this.
 
My lawyer inquired about 140&485 and got the same reply today.
140 "FBI Name check pending" and 485 assigned to adjudicating officer/department.

Concurrent EB2
CSC
140&485 RD 4/29/2004
140&485 ND 5/8/2004
FP1 done
AP1&EAD done
Applied for EAD2&AP2
 
Hi everyone,

We are waiting too much. It's ridiculous that we spend invaluable time in our life. What a pity!

I got an email saying USCIS sent I140 RFE letter on 3/4/05. Company or lawyer has not received yet. When can I expect the letter?
RFE means that I passed famous name check?

I140/485: RD 6/7/05

I hope everyone get good news.
 
april04csc said:
My lawyer inquired about 140&485 and got the same reply today.
140 "FBI Name check pending" and 485 assigned to adjudicating officer/department.

Concurrent EB2
CSC
140&485 RD 4/29/2004
140&485 ND 5/8/2004
FP1 done
AP1&EAD done
Applied for EAD2&AP2
Click to expand...

the apps are in the same packet and the ignorant officers don't know that they can pull one out and process it...what bull...
 
california_gc said:
the apps are in the same packet and the ignorant officers don't know that they can pull one out and process it...what bull...
Click to expand...

I do not think App officers would be that ignorant not knowing about the process. After all, that is what they do day in an out. If there are enough frustrated people waiting for I140 to clear due to name check, may be we should do something about it collectively. I can understand 485 needs to wait for name check but halting 140 does not make sense at all. I140 is in fact more related to Employer than the individual.

Any suggestions?
 
I support you in that. Holding up the 140 for namecheck is not right. It pretty much voilates the need for AC21, and keeps people under tremendous stress because if they lose their jobs for some reason, the whole application is screwed. Can we bring this to someone's attention?? Rajiv maybe? It's also ridiculous that name checks take about 2 years sometimes. FBI says this should not take more than a couple of months... but I've heard of people waiting for years. INS doesn't care because we are not citizens or permanent residents, so we don't have rights... even though we pay taxes...

I guess I'm just really frustrated.
 
mesbah said:
I support you in that. Holding up the 140 for namecheck is not right. It pretty much voilates the need for AC21, and keeps people under tremendous stress because if they lose their jobs for some reason, the whole application is screwed. Can we bring this to someone's attention?? Rajiv maybe? It's also ridiculous that name checks take about 2 years sometimes. FBI says this should not take more than a couple of months... but I've heard of people waiting for years. INS doesn't care because we are not citizens or permanent residents, so we don't have rights... even though we pay taxes...

I guess I'm just really frustrated.
Click to expand...

Also the fact that they recommend not to repeat the inquiry for 180 days gives us some indication of what internally they are thinking how long will it take !

Going through Rajiv/ AILA and clarifying (if they are interpreting AC21 wrong) may be our best bet.
 
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