Please Help

E

esparton

Registered Users (C)
I just received a strange reply for my Case Status Inquiry. The reply said that "There are no visas available to process your I-485 application". Actually I am from a Non-Retrogressed Country and my I40 is based on EB1-OR. So my visa number is current all along.

Last time when I sent inquiry (02/06) they replied 'Background Check" pending and now this response. What should I do?

I am planning to do the followings:

(i) Request an Expediate Processing Based on Service Center Error
(ii) Take an infopass and try to find what is going on?
(iii) Initiate Another Inquiry ( I guss I have to wait 60 days to initate another one)

Please suggest any other options

-----------------------------------------------------------------
I-140 EB1-OR RD 3/03
I-140 RFE 6/04 NSEERS Registration, RFE RD 7/04
I-140 6/05 Letter from the Service Center, they lost the file, Please Reconstruct
I-140 AD 7/05 Call from the service center they found the file and approved it, however could not approve the I-485 because background check pending

I-485 RD 03/05 [Non Retrogressed Country PD 3/03
FP Code 3 04/05
02/06 Case Status Inquiry, Response 03/06 E-mail Background Check Pending
12/06 Case Status Inquiry, Response letter 02/07 Visa Number Unavaliable
 
Have you ever been subject to the visa number retrogression or you have never had retrogression problem at all since your I-485 was filed?
 
No. My Visa Number Never Retrogressed.

I just looked at the response from TSC and apparently they misspelled my name and address. It looks like the officer used the info noted by the Customer service center lady and didn't bother to open my file.

-----------------------------------------------------------------
I-140 EB1-OR RD 3/03
I-140 RFE 6/04 NSEERS Registration, RFE RD 7/04
I-140 6/05 Letter from the Service Center, they lost the file, Please Reconstruct
I-140 AD 7/05 Call from the service center they found the file and approved it, however could not approve the I-485 because background check pending

I-485 RD 03/05 [Non Retrogressed Country PD 3/03
FP Code 3 04/05
02/06 Case Status Inquiry, Response 03/06 E-mail Background Check Pending
12/06 Case Status Inquiry, Response letter 02/07 Visa Number Unavaliable
 
Your guess is probably right. But, how about your name checks? Has it been cleared or not? If so, you can definitely write to the TSC with their letter attached. They have just proved to the public again how worse their service is.
 
esparton said:
I just received a strange reply for my Case Status Inquiry. The reply said that "There are no visas available to process your I-485 application". Actually I am from a Non-Retrogressed Country and my I40 is based on EB1-OR. So my visa number is current all along.

Last time when I sent inquiry (02/06) they replied 'Background Check" pending and now this response. What should I do?

I am planning to do the followings:

(i) Request an Expediate Processing Based on Service Center Error
(ii) Take an infopass and try to find what is going on?
(iii) Initiate Another Inquiry ( I guss I have to wait 60 days to initate another one)

Please suggest any other options

-----------------------------------------------------------------
I-140 EB1-OR RD 3/03
I-140 RFE 6/04 NSEERS Registration, RFE RD 7/04
I-140 6/05 Letter from the Service Center, they lost the file, Please Reconstruct
I-140 AD 7/05 Call from the service center they found the file and approved it, however could not approve the I-485 because background check pending

I-485 RD 03/05 [Non Retrogressed Country PD 3/03
FP Code 3 04/05
02/06 Case Status Inquiry, Response 03/06 E-mail Background Check Pending
12/06 Case Status Inquiry, Response letter 02/07 Visa Number Unavaliable
Click to expand...

Try option (iv) Senator / Congresman Inquiry ....Infopass can also help in knowing the status of I485 namecheck..

If your application is not getting approved, U must be stuck in namecheck...all other excuses given by TSC are irrelevant/junk....
Don't bother about the status of your I-485...keep asking them if your background checks are done...try senator/congressman inquiry...

Since your RD if 03/05....u must be stuck in namecheck...
 
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Actually, the purpose of my last inquiry to TSC was to find out whether my name check is cleared or not. I was expecting a response related to Background Check.

I had an infopass appointment last month and the officer told me that everything in my case is in order and I should hear from them within next few weeks. The officer could not specifically help me with background check pending question. Howerver, he showed me the computer monitor and mentioned that the case was preadjudicated on 12/06. I recalled a LUD after two days of the preadjudication date.

I am gussing that I received a boiler plate answer from TSC. Since the officer noticed my case is preadjudicated he/she assumed it is wating a Visa number.

On top of the three options +sen/cong inquiry I plan to write to TSC. Any of you know what is the TSC address for this type of corrospondance?

I truly appreciate your help.

-----------------------------------------------------------------
I-140 EB1-OR RD 3/03
I-140 RFE 6/04 NSEERS Registration, RFE RD 7/04
I-140 6/05 Letter from the Service Center, they lost the file, Please Reconstruct
I-140 AD 7/05 Call from the service center they found the file and approved it, however could not approve the I-485 because background check pending

I-485 RD 03/05 [Non Retrogressed Country PD 3/03]
FP Code 3 04/05
02/06 Case Status Inquiry, Response 03/06 E-mail Background Check Pending
12/06 Case Status Inquiry, Response letter 02/07 Visa Number Unavaliable
 
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How many unexpected LUDs have there been since your I-485 was filed, only one in 12/06? How many FP have you completed? Has it expired?
 
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There were some expected LUDs related to status inquiry and address change. Only unexpeted one was on 12/06, I guess that related to preadjudication.

I had only FP (4/05) it is already expired, see me signature.

-----------------------------------------------------------------
I-140 EB1-OR RD 3/03
I-140 RFE 6/04 NSEERS Registration, RFE RD 7/04
I-140 6/05 Letter from the Service Center, they lost the file, Please Reconstruct
I-140 AD 7/05 Call from the service center they found the file and approved it, however could not approve the I-485 because background check pending

I-485 RD 03/05 [Non Retrogressed Country PD 3/03]
FP Code 3 04/05
02/06 Case Status Inquiry, Response 03/06 E-mail Background Check Pending
12/06 Case Status Inquiry, Response letter 02/07 Visa Number Unavaliable
 
esparton said:
I just received a strange reply for my Case Status Inquiry. The reply said that "There are no visas available to process your I-485 application". Actually I am from a Non-Retrogressed Country and my I40 is based on EB1-OR. So my visa number is current all along.

Last time when I sent inquiry (02/06) they replied 'Background Check" pending and now this response. What should I do?

I am planning to do the followings:

(i) Request an Expediate Processing Based on Service Center Error
(ii) Take an infopass and try to find what is going on?
(iii) Initiate Another Inquiry ( I guss I have to wait 60 days to initate another one)

Please suggest any other options

-----------------------------------------------------------------
I-140 EB1-OR RD 3/03
I-140 RFE 6/04 NSEERS Registration, RFE RD 7/04
I-140 6/05 Letter from the Service Center, they lost the file, Please Reconstruct
I-140 AD 7/05 Call from the service center they found the file and approved it, however could not approve the I-485 because background check pending

I-485 RD 03/05 [Non Retrogressed Country PD 3/03
FP Code 3 04/05
02/06 Case Status Inquiry, Response 03/06 E-mail Background Check Pending
12/06 Case Status Inquiry, Response letter 02/07 Visa Number Unavaliable
Click to expand...

Did u see any EB1-OR approved recently???
 
You mean I-140 or I-485. I haven't been following I-140 lately, however there are lots of I-485 approval. One of my friends' I-485 (based on I-140 EB1-OR] got approved within 3 months [NSC.
 
Apparently, they cannot approve your I-485 because at least your FP has expired. You had better to check whether your name check is cleared or not through the InfoPass before write to the TSC (their address can be found from the USCIS web site). A lot of people have reported they can know when the name check was initiated and completed or still pending. I do not know why you could not get it. By the way, some people reported they had LUD in October 2006; some reported LUD in December 2006.
 
I do know that my name check was initiated on 03/05 and is pending (from FBI e-mail, congressman inquiry and based on the response of my 1st inquiry). However, I am trying to findout whther it is done now. My 2nd inquiry was to find out that fact. I did have two more previous infopass appointments; however the officers were reluctant to disclose the information. I have another appointment next Monday. I hope to have better luck this time.

What really confuses me that instead of saying 'Background Check Pending ', TSC is now saying that I-485 is pending due to 'Visa Unavaliablity'. This is clearly an error since I am from a Non-Retrogressed country.
 
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