Spoke to I/O at Nebraska, Name check pending.

go0dfella

Registered Users (C)
surprisingly i was able to talk to a really nice I/O at Nebraska. name check is pending since April 2006 when my first 485 was filed.
not a good news but at least right news.
 
yeah same story here called last week and spoke to a very courteous and cooperative I/O....

I believe you are also in the NY area.......

Do you think its about time to file WOM, the cost benefit might even be in favour of this as far as renewal EADs and APs go
 
i think it is about time to file WOM. we have already spend so much money on lawyer and other expenses then why not little more to complete the process.

however their 485 processing date is april 14 so in my case they can easily say take this an excuse.
yes i am in NY city,i am actually going to pakistan by the end of this month and when i come back hopefuly dates would have move forward then i am gonna speak to my lawyer.
 
i am traveling on AP. my H1 is expiring in Jan 2008 and i am not palnning on renewing it, also i just don't wanna go to emabssy and have it stamped ..too much hassel.
 
I'm stuck too in the stupid name check. Unfortunately, when I tried to contact the immigration specialist in a senator's office. He said that there're guys who stuck in the name check for years!!!!! So, the senator's office is unable to do anything for me and I can wait for 2 damn years and if I my name is not cleared then do the WOM.
Is that true?? Should we wait that long time in this stupidity so we can file the WOM???
 
my lawyer said the same thing that atleat two years

one thing tht we can all do even if the senator's office or the ombudsman's office or info pass or congress man's office or service requests or aiala liason requests.........dont mean a damn thing still keep doing all this paperwork to create a stronger case for wom..so at the end of two years for the cost of an AP EAD renewal u can atleast file a wom rather than sitting in NC for 5 years....

about a month back i went to chicago for a job interview....it was atleast a 30K jump witht he possibility of it being even close to a 50K jump.....when the green card. AC-21 issue came up....and i was asked the question, i honestly told them my GC is overdue and can come any time and i can work on AC-21 without any problem to them.....HR asked me when does my current EAD expire and i told them in 2008 and than I will renew it....

with the international travel, visa requirements, and possible delays in EAD renewals that the company has experienced with other employees in the past they offered to wait 30 days to see if my GC would come and than offer the position to some one else.....:) guess what happened

when my AP is renewed eventually.......i will be giving my landing in calgary just to be on the safe side and might even see if i can line up any interviews there...

now i am just rambling i guess so i should stop

i have a question for goodfella ....what airline are u using and going through which city (stopover), while u travel on AP
 
I'm stuck too in the stupid name check. Unfortunately, when I tried to contact the immigration specialist in a senator's office. He said that there're guys who stuck in the name check for years!!!!! So, the senator's office is unable to do anything for me and I can wait for 2 damn years and if I my name is not cleared then do the WOM.
Is that true?? Should we wait that long time in this stupidity so we can file the WOM???

Just because there are some cases stuck for a long time, they don't even want to check your case? That is pathetic.

Since they seem to be on top of the number of years it takes to clear NC, they must be aware of cases where the FBI cleared the namecheck, but USCIS did not acknowledge/update in their system? And as a result they kept saying NC is pending?
They should also be aware that majority of namechecks get cleared in a few months; only a minority of them are stuck for years.

I suspect that senator or the immigration specialist is a lazy bum; or they don't want to help a foreigner.
 
I was stuck with NC from 11/2004.. Starting this June,
Action taken;
06/05 – requested congresswoman’s office to check the status of my case
06/15 – received response from USCIS for congressman’s inquiry saying that my NC is pending and on 06/14/07 they sent a inquiry to FBI asking about the status (which they said it will take 60-90 days).
9/24 – response from FBI “unfortunately they are receiving unprecedented amount of status check requests from Congressional offices and there is currently a backlog
11/1 – call from congresswoman’s office saying that my NC was completed and that was confirmed by FBI
11/9 – called USCIS thru POJ method, IO confirmed that the background and security checks are just completed.
11/11 – letter received from congresswoman’s office with a email copy which they received from FBI, Michael A Cannon/dc, Section Chief.

06/08 – letter sent to First lady
09/01 – response received from FBI, saying that they received FL letter and my NC is still in process, can’t give any date when that can be completed.
10/4 letter to Vice President – response received saying that forwarded your matter to DHS (CAO office)
12/08 - letter from USCIS Customer assitance office (CAO) confirming that NC was completed in oct 2nd week.

7/20 - letter to Prakash (Ombudsman)
8/18 - response received saying USCIS will respond within 45 days but i didn't received till oct, then i sent a letter to him saying didn't receive anyhing.
11/20 - received response from USCIS (CAO, the same person who responded my letter to VP) saying case is under review, NC is pending.

From June I contacted the following people in the following order;

Congresswoman’s office – good response all the time
Infopass appointment
First lady – no response but they forwarded to the right department
Local FBI office – good response saying we forwarded your request to FBI HQ, DC
Chief Mr. David M. Hardy, - no response
Mr. William L Hooton, Assistant Director, - no response
Mr Michael A Cannon – no response
Senators 1 – good response
Prakash I Khatri – standard response, followed up again, then false info from USCIS.

DON'T GIVE UP... SOME SOURCE WILL WORK OUT.. GOOD LUCK..
 
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I am also stuck with NC from 05/2006.


EB3 ,India,NSC
Labor PD: Feb 2001
I140 AD :Sep 2005
I485,I131,I765 FD:May 2006
FP :July 2006
AC21:Feb 2007
2nd EAD and AP Renewal AD:Feb 2007.
I140 LUD :11/04/07
I485 Luds:12/28/2006,12/29/2006,06/28/2007,06/29/2007,06/30/2007.
SR Request response(06/19/2007 ):It's in Name check
Senator's Office response(10/22/2007): It's in Name check
Contacted NSC through POJ on 12/06/2007:Still in name check
Sent a letter to Congress man on 11/29/2007:Waiting for response
Sent a letter to First lady :Waiting for response
I485 AD ??????
 
Greynicolls,
i am pretty much going through what you have mentioned. i also had so many offers in last 2 years but coz of GC i couldn't take it. i just didn't wanted to go through whole drama of expalining it and when time comes they might back off. my exisitng employer is understanding although i was the first case for GC application so i had to explain him everything.
i don't really wanna go to Canada coz i think sooner or later GC will come through as I-140 is approved and i have never been out of status.

but i agree that we should write to Senator, congressman , first lady , may be one of these request will have someone look at our file.

what i understand from different sources that people who are stuck in names check , their files have to been approved manually and some guy has to just give it a go ahead. so u never know something might just work.


question: what did ur lawyer say, 2 years after you file application or 2 years since name check has been pending??
my name check is pending since first 485 was files in paril 2006 . but that was denied coz 1-140 was denied.
i filed second one in june 2007 but coz name only intiates once so its been pending since april 2006

i am flying virgin from JFK to London, i am staying a week in london.( had to get visa)
then PIA to Karachi.
on way back, Lahore to London PIA and london to JFK Virgin.
 
You know guys, nothing gives me relief more than reading your story. At least some guys are in the same position like me and waking up every morning swearing at the name check broken system :D and other guys who beat that black hole and got out of it.

I contacted another senator's office and I left an message for the immigration specialist, who has a foreign name and a foreign accent. (Hopefully that will be on my side). I have been told that the immigration specialist will contact me in couple of business days:confused:

Sometime, 2 ideas comes to my mind.
1- Filing a group law-suit, and by saying group I mean 100s of individuals. OR
2- Gather 100s of guys and go personally, camp in front of the USCIS and see why our cases is taking that long and when they can end this misery.
 
See my signature. 4 years for NC and still pending. I am still fighting...with all kinds of ways, including WOM. It was filed on 11/21.
 
I just called NSC and the IO (friendly I might add) told me that I should not expect any decision for another few months at least. He said some people have to wait years before they get a decision on their AOS. The whole time I was thinking what a bunch of BS ......

So there it is, I will sue them at the one year mark in february 2008 :)
 
I have been talking to my lawyer about the WOM and to do it now as i am beyond the one year wait already.

Her response is that ofourse you can sue but usually the courts look at your case favorably if you have been waiting for atleast two years.

I am very skeptical at her response, but she does have a point.

So MD what does your research say...one year is good enough ?
 
I have been talking to my lawyer about the WOM and to do it now as i am beyond the one year wait already.

Her response is that ofourse you can sue but usually the courts look at your case favorably if you have been waiting for atleast two years.

I am very skeptical at her response, but she does have a point.

So MD what does your research say...one year is good enough ?


Yes cases show that for a judge, a one year delay is unreasonable if you have exhausted all your administrative remedies. In other words, contact everybody, get their responses (or no responses) and then you can file your lawsuit if nothing has happened.
 
Check this info out before filing WOM: USCIS said that it will NOT speed up the adjudication process of i485 based on WOM. It was an official info, I can't find the link right now though. By law (and unlike N400 applications), USCIS has no obligation to complete i485 in any given time frame. I hear that they simply dismiss cases lately on this basis.
 
Check this info out before filing WOM: USCIS said that it will NOT speed up the adjudication process of i485 based on WOM. It was an official info, I can't find the link right now though. By law (and unlike N400 applications), USCIS has no obligation to complete i485 in any given time frame. I hear that they simply dismiss cases lately on this basis.

That's why you have to name the FBI as a defendant in the case too. In any case, if a District Judge issues an order they have to comply or appeal ... in the mean time they will have pulled your file to at least look at it.
 
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