Stuck in Name Check??? Let's track it

Yep. Exactly that. FBI NC no longer holding adjudications after 180 days. I still can't believe it... sounds unreal.

casolorz said:
I am guessing you are talking about what I am copying below? thats great news, thanks for posting :)

"02/07/2008: USCIS Revised National Security Adjudication and Reporting Requirements Memorandum of 02/04/2008

* On February 4, 2008, Michael Aytes, Director of Domestic Operations of the USCIS issued an interoffice memorandum to give a revised guidance for USCIS field offices' adjudication of I-485, I-601, I-687, and I-698 as related to the pending FBI name checks. According to the revised guidance, where the application is approvable and the FBI name check request has been pending for more than 180 days, the adjudicator "shall" approve the I-485, I-601, I-687, I-698 applications and proceed with card issuance. However, the approved applications shall be held at the adjudicating office, and the USCIS will determine if rescission or removal proceedings are appropriate and warrantged if derogatory or adverse information is received from the FBI after the application is approved. For the full text, please visit Immigration Bulletin site[http://www.bibdaily.com/pdfs/Mocanu.Aytes.pdf]
* We do not know the exact impact of this policy change on the I-485 processing backlog and on the future Visa Bulletin changes. Without doubt, this decision may bring about a positive result in the processing times but negative impact on the picture of future regrogression of visa numbers as more numbers of earlier priority dates will be taken out in an increased number. "
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I guess my next question is, when does the FBI name check start? we've had our biometrics done since october and our application is from june. We had an RFE in January. Can we assume we are on name check?
What about visa numbers, if we get it all approved will we get a green card or do we have to wait for green cards to be available?
 
Breaking News -everybody Will Be Cleared Before April30th2008

Guys

I have one good news. If you PD is current. And your notice date is the date prior to the date mentioned of I-485 FOR TSC. And your name check is pending for more then 180 days. If you fulfill all the three conditions then you will get your green card before April30th 2008. I have just spoken to an IO in TSC. And she told me IOS have been given this deadline to clear all those cases who meet the above criteria b4 April 30th 2008


Enjoy

Tanveer
 
tanveer666 said:
Guys

I have one good news. If you PD is current. And your notice date is the date prior to the date mentioned of I-485 FOR TSC. And your name check is pending for more then 180 days. If you fulfill all the three conditions then you will get your green card before April30th 2008. I have just spoken to an IO in TSC. And she told me IOS have been given this deadline to clear all those cases who meet the above criteria b4 April 30th 2008


Enjoy

Tanveer
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tanveer i know your predictions are always correct. that even you gave the breaking news in PBEC at labor stage. Now i just spoke IO at TSC, she said they do not have confirmation yet on this. She gave standard reason my NC pending thats why AOS pending even though my PD is current. My rd on receipt is last week of May thats only thing is out of window. I hope your prediction will be true in my case. Thanks.
 
Let People Enjoy

immi_mygc said:
tanveer i know your predictions are always correct. that even you gave the breaking news in PBEC at labor stage. Now i just spoke IO at TSC, she said they do not have confirmation yet on this. She gave standard reason my NC pending thats why AOS pending even though my PD is current. My rd on receipt is last week of May thats only thing is out of window. I hope your prediction will be true in my case. Thanks.
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Whatever I have told you guys above that is 100% correct . I have spoken to suupervisor . I have told this very honestly . You know me and my predications from PBEC thread. may be the IO with whom you have talked is not aware about the deadline . BUT Guys pls enjoy if you meet the above criteria
 
I really hope this is true, however I doubt they will be able to finish more than 30K applications in two month.
 
tanveer666 said:
Whatever I have told you guys above that is 100% correct . I have spoken to suupervisor . I have told this very honestly . You know me and my predications from PBEC thread. may be the IO with whom you have talked is not aware about the deadline . BUT Guys pls enjoy if you meet the above criteria
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that very well can be. Not aware or not willing to disclose. It happens a lot!
 
Please Do not doubt my honesty

A lot of people know me from PBEC. Pls don’t doubt my honesty. It really hurts. I have no vested interest in this news.
 
tanveer666 said:
Guys

I have one good news. If you PD is current. And your notice date is the date prior to the date mentioned of I-485 FOR TSC. And your name check is pending for more then 180 days. If you fulfill all the three conditions then you will get your green card before April30th 2008. I have just spoken to an IO in TSC. And she told me IOS have been given this deadline to clear all those cases who meet the above criteria b4 April 30th 2008


Enjoy

Tanveer
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Tanveer,

I wonder if they have the same deadline set for NSC as well. My case is pending at NSC.
 
igor_ch said:
No more waiting for FBI name check for GC approval:

http://www.immigration-law.com/Canada.html

Amazing, are they (USCIS) finally talking sense, after so many years !?!?!?!?

Looks like three things may have helped them to make the decision:
1. Lots of WOM. !!! BIG THANKS TO EVERYONE WHO DID IT !!!
2. Less current work for Adjudicating Officers due to India EB2 unavailability
3. A chance to start adjudicating with the oldest PD for India and China, as there will be less newer NC-complete applications

Beware of AC21/GC issues now... No switching jobs for 6 months after GC.
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Hi:

I'm not quite sure what you mean by "Beware of AC21/GC issues now... No switching jobs for 6 months after GC."

I thought you could switch anytime after you get the GC.
 
Hi all! I was wondering if people stuck in NC have had any updates after the new USCIS memo came out??

I called TSC this morning but since there were no available reps, the call was transferred to the main USCIS center. After taking down all my info, I asked the customer service rep regarding the memo. He was very aware of that and said that my case met all the criteria as far as being stuck in name check for 6+ months, EB-1 India being current etc for being adjudicated as per the memo. He also mentioned that I should hear something positive (either approval or interview notice) by March 10. Like everything else with USCIS, I'll take this with a pinch of salt!! Someone also received the same response regarding March 10 from NSC on immigrationvoice.

I would suggest others with approvable cases which are pending name checks for 6+ months to also call up TSC/USCIS and get updates or service requests and share your experiences here.

Thanks!
 
kst1 said:
Hi all! I was wondering if people stuck in NC have had any updates after the new USCIS memo came out??

I called TSC this morning but since there were no available reps, the call was transferred to the main USCIS center. After taking down all my info, I asked the customer service rep regarding the memo. He was very aware of that and said that my case met all the criteria as far as being stuck in name check for 6+ months, EB-1 India being current etc for being adjudicated as per the memo. He also mentioned that I should hear something positive (either approval or interview notice) by March 10. Like everything else with USCIS, I'll take this with a pinch of salt!! Someone also received the same response regarding March 10 from NSC on immigrationvoice.

I would suggest others with approvable cases which are pending name checks for 6+ months to also call up TSC/USCIS and get updates or service requests and share your experiences here.

Thanks!
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i also heard this March 10 date.
 
That's the best news I've heard so far...I believe in you...please make it happen!:)

tanveer666 said:
Guys

I have one good news. If you PD is current. And your notice date is the date prior to the date mentioned of I-485 FOR TSC. And your name check is pending for more then 180 days. If you fulfill all the three conditions then you will get your green card before April30th 2008. I have just spoken to an IO in TSC. And she told me IOS have been given this deadline to clear all those cases who meet the above criteria b4 April 30th 2008


Enjoy

Tanveer
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Many lawyers recommend NOT to switch jobs for 6 months after GC approval.

"In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy. That is, USCIS examines the “rapid course of events” following the alien’s receipt of his or her green card. The Department of State has reduced this rule to a 30-60-90 day formula which USCIS generally follows. If an alien ends employment with the petitioning employer within 30 days of receiving his/her green card, then it is highly likely that USCIS will decide that the alien’s intent at the Consulate interview was not, as he/she stated, to remain with the petitioning employer indefinitely. After 60 days have passed, it is less likely (but still risky) that USCIS will determine that the alien lied about his/her intent at the Consulate interview. And after 90 days, it is highly unlikely that USCIS will have a problem with the alien’s change of employment."

"If USCIS believes that a permanent resident received a green card following a Consular Processing interview at which he or she misrepresented his/her intention to continue working for the petitioning employer, or to work "solely" as a religious worker in the I-360 context, then he or she may be guilty of making a material misrepresentation (fraud) and may never be able to become a naturalized citizen based on that green card. In addition, USCIS routinely deports individuals who make such misrepresentations."

Note that it mainly discusses Consular Processing, but better be safe than sorry.

Source: http://www.usvisahelp.com/index.php...:issues-of-intent&option=com_content&Itemid=5

umasslowell2002 said:
Hi:

I'm not quite sure what you mean by "Beware of AC21/GC issues now... No switching jobs for 6 months after GC."

I thought you could switch anytime after you get the GC.
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According a recent USCIS press release, they process ~7K GC every working day. Now remember that many older AOS are already pre-adjudicated.

Streamflow said:
Not a big deal for USCIS. Recall how many I-485 they approved during one week (or even during a weekend) just before "VB fiasco" in summer 2007.
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igor_ch said:
Many lawyers recommend NOT to switch jobs for 6 months after GC approval.

"In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy. That is, USCIS examines the “rapid course of events” following the alien’s receipt of his or her green card. The Department of State has reduced this rule to a 30-60-90 day formula which USCIS generally follows. If an alien ends employment with the petitioning employer within 30 days of receiving his/her green card, then it is highly likely that USCIS will decide that the alien’s intent at the Consulate interview was not, as he/she stated, to remain with the petitioning employer indefinitely. After 60 days have passed, it is less likely (but still risky) that USCIS will determine that the alien lied about his/her intent at the Consulate interview. And after 90 days, it is highly unlikely that USCIS will have a problem with the alien’s change of employment."

"If USCIS believes that a permanent resident received a green card following a Consular Processing interview at which he or she misrepresented his/her intention to continue working for the petitioning employer, or to work "solely" as a religious worker in the I-360 context, then he or she may be guilty of making a material misrepresentation (fraud) and may never be able to become a naturalized citizen based on that green card. In addition, USCIS routinely deports individuals who make such misrepresentations."

Note that it mainly discusses Consular Processing, but better be safe than sorry.

Source: http://www.usvisahelp.com/index.php...:issues-of-intent&option=com_content&Itemid=5
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Thanks Igor_Ch, I was unaware of this clause.
 
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