TSC Consolidated 485 Tracker

[TSCEB2Current]

Hi TSCEB2Current - I noticed from your signature that your EAD, AP and I-140 also took very long times to get approved (at least according to the processing times related to when you had filed your applications). Did you ever make inquiries on these applications when they crossed their processing times? Did you get any reason as to why they took so long?

I'm wondering if there is a relationship between the time it takes for them to approve these applications in relation to being stuck in name check. Both my AP and EAD to longer than average (although not as long as yours) and my I-140 has crossed 4 months pending now.

Yes, I have done extensive work to press the USCIS for my initial benefits (i-140, EAD, and AP). The initial response from the USCIS was "under review", then they indicated that "background check" is a reason. So I contacted Sen. Cornyn's office (Texas) and the CIS Ombudsman citing Congressional testimonies that (a) CIS is denying me the right to AC-21 Portability, (b) i-140 adjudication ought not be linked to i-485 adjudication, and (c) initial immigration benefits are not dependant upon namecheck process. The CIS finally adjudicated all my initial petitions by August 2006.

Since then, I have been in pursuit of i-485 processing. I contacted several offices, initiated CIS inquiries, and took InfoPass. I haven't made much progress except for a new statement from the officer at InfoPass, indicating that my namecheck is most likely stuck at the US Embassy in my home country (Egypt). The officer was adament that the namecheck is often cleared with the US Embassies.

I am still on the case and I wrote letters to Senator, Representative, and USCIS.

 

[antonioa77]

Yes, I have done extensive work to press the USCIS for my initial benefits (i-140, EAD, and AP). The initial response from the USCIS was "under review", then they indicated that "background check" is a reason. So I contacted Sen. Cornyn's office (Texas) and the CIS Ombudsman citing Congressional testimonies that (a) CIS is denying me the right to AC-21 Portability, (b) i-140 adjudication ought not be linked to i-485 adjudication, and (c) initial immigration benefits are not dependant upon namecheck process. The CIS finally adjudicated all my initial petitions by August 2006.

Since then, I have been in pursuit of i-485 processing. I contacted several offices, initiated CIS inquiries, and took InfoPass. I haven't made much progress except for a new statement from the officer at InfoPass, indicating that my namecheck is most likely stuck at the US Embassy in my home country (Egypt). The officer was adament that the namecheck is often cleared with the US Embassies.

I am still on the case and I wrote letters to Senator, Representative, and USCIS.

same prob here with a lebanese guy (me). no Ap till now, c my signature.my I140 was fast but my EAD took almost 4 months and AP still pending. I think this NSEERS is the reason for our delay. most other people, even if their namecheck were pending, they got the i140 and ap and EAD very fast. i believe the NSEERS is the main problem.

 

[antonioa77]

Hi TSCEB2Current - I noticed from your signature that your EAD, AP and I-140 also took very long times to get approved (at least according to the processing times related to when you had filed your applications). Did you ever make inquiries on these applications when they crossed their processing times? Did you get any reason as to why they took so long?

I'm wondering if there is a relationship between the time it takes for them to approve these applications in relation to being stuck in name check. Both my AP and EAD to longer than average (although not as long as yours) and my I-140 has crossed 4 months pending now.

if ur namecheck is cleared, then why u don't go for I140 premium processing then maybe ur I485 will be processed quickly?

 

[herenthere]

if ur namecheck is cleared, then why u don't go for I140 premium processing then maybe ur I485 will be processed quickly?

Trust me, I would. But my employer is not willing to do PP since they are afraid that if that causes the GC to be approved quickly, the person will leave immediately. At least that is my suspicion, but they have made it clear they won't do PP. It's really sad because I like the company and would stay no matter what, but some examples of people who have taken advantage of them have ruined it for the rest of us.

 

[antonioa77]

Trust me, I would. But my employer is not willing to do PP since they are afraid that if that causes the GC to be approved quickly, the person will leave immediately. At least that is my suspicion, but they have made it clear they won't do PP. It's really sad because I like the company and would stay no matter what, but some examples of people who have taken advantage of them have ruined it for the rest of us.

well i think if ur namecheck is clear as u said before, ur i485 weill be processed as long as ur I140 is processed.

i believe that the fingerprints things that we arab have to go through or NSEERS is causing the delay in Ap and EAD. i don't think it is the namecheck.

now i never heard that namechekc is done through the embassy in home country. maybe this is CIA check that i have heard about but it is not confirmed anywhere. any idea about the embassy or CIA check?

 

[prince123]

Trust me, I would. But my employer is not willing to do PP since they are afraid that if that causes the GC to be approved quickly, the person will leave immediately. At least that is my suspicion, but they have made it clear they won't do PP. It's really sad because I like the company and would stay no matter what, but some examples of people who have taken advantage of them have ruined it for the rest of us.

GC = "Freedom" . Some employers don't want the applicants to be free birds so soon. This, inspite of 'obediently' worked for them for 6 - 8 years ( for what else- to get GC ).

But one should not complain - employment based green cards for permanent association with the sponsoring employers ;-)

 

[rollingstone]

Campaign to stop EB3 to EB2 conversion

If you notice other threads the hot topic of discussion these days is how to jump into the EB2 queue. If nothing's done, eventually everuone will jump into the EB2 queue and EB2 wil retrogress to EB3 levels. This will be disaster for applicants from retrogressed countries, esp India who have been waiting for many years. With practically every application (atleast from TSC) stuck in namecheck, don't expect to get GC before this happens. Keep in mind once the visa availability dates retrogress, you will not get your GC even if your namecheck is clear.

I plan to write to the Ombudsman asking him to review the PD portability rules. If they can get rid of labor substitution, they can put a stop to this evil practise too. BUT WE NEED TO HURRY BEFORE IT'S TOO LATE. How many of you are willing to send a similar request to Ombudsman? I can come up with a draft of the letter - you will have to sign and put your name on it and mail it (no emails).

Please respond to this post or send me a PM. I expect there to be resistance from EB3 guys - just ignore them.

 

[TSCEB2Current]

well i think if ur namecheck is clear as u said before, ur i485 weill be processed as long as ur I140 is processed.

i believe that the fingerprints things that we arab have to go through or NSEERS is causing the delay in Ap and EAD. i don't think it is the namecheck.

now i never heard that namechekc is done through the embassy in home country. maybe this is CIA check that i have heard about but it is not confirmed anywhere. any idea about the embassy or CIA check?

Antonioa77,

No question about it: NSEERS individuals are considered - by definition - higher risk individuals and would be under close scrutinty in the i-485 process. I was required to undergo NSEERS myself.

However, in the security check process, fingerprints are rarely the delaying factor. USCIS has confirmed that my fingerprints have been cleared a looooong time ago. I received this confirmation from a number of different sources. The true delay is in the "background investigation" (especially for the NSEERS individuals, such as myself). We know the "namecheck" is part of that background investigation; but we don't know what else is part of that investigation. I believe the "Embassy investigation" is also part of that background investigation for some applicants (especially for many NSEERS applicants). The Embassy investigation process is managed through the FBI's "Legal Attaché (Legat) Program".

Here's the experience of another forum participant (re: background checks)
http://www.immigrationportal.com/showpost.php?p=1618773&postcount=9198

 

[antonioa77]

Antonioa77,

No question about it: NSEERS individuals are considered - by definition - higher risk individuals and would be under close scrutinty in the i-485 process. I was required to undergo NSEERS myself.

However, in the security check process, fingerprints are rarely the delaying factor. USCIS has confirmed that my fingerprints have been cleared a looooong time ago. I received this confirmation from a number of different sources. The true delay is in the "background investigation" (especially for the NSEERS individuals, such as myself). We know the "namecheck" is part of that background investigation; but we don't know what else is part of that investigation. I believe the "Embassy investigation" is also part of that background investigation for some applicants (especially for many NSEERS applicants). The Embassy investigation process is managed through the FBI's "Legal Attaché (Legat) Program".

from where u knew about the info about embassy investigation Legat program? this is the first time i hear about it. do u have a website or something about that?
embassy investigation is a new thing for me. how did u know about it?

if this embassy check really exisits, so who told u that FBi does it? why not CIA? any reference?

so r u saying that fbi namecheck include the embassy investigation check or they r independent?

 

[GYC]

Trust me, I would. But my employer is not willing to do PP since they are afraid that if that causes the GC to be approved quickly, the person will leave immediately. At least that is my suspicion, but they have made it clear they won't do PP. It's really sad because I like the company and would stay no matter what, but some examples of people who have taken advantage of them have ruined it for the rest of us.

herenthere,

you can sign the premium request paper yourself, it doesn't have to be Employer or your lawyer.

Good Luck

 

[andy garcia]

Premium Processing Service

herenthere,

you can sign the premium request paper yourself, it doesn't have to be Employer or your lawyer.

Good Luck

No, you can't.

May the beneficiary of a visa petition seek Premium Processing Service(PPS)?

No, except in cases where the petition is eligible to be filed as a self-petition (i.e., the petitioner and the beneficiary are the same). Otherwise, only the visa petitioner, or the attorney or representative who has filed a notice of appearance (Form G-28) on behalf of the visa petitioner, may request PPS for designated visa petition adjudications. The petitioner, attorney or representative, or beneficiary may pay the $1,000 Premium Processing fee, but the beneficiary cannot sign or file the Form I-907.

This is from this link: Premium Processing Service

andy

 

[GYC]

No, you can't.

May the beneficiary of a visa petition seek Premium Processing Service(PPS)?

No, except in cases where the petition is eligible to be filed as a self-petition (i.e., the petitioner and the beneficiary are the same). Otherwise, only the visa petitioner, or the attorney or representative who has filed a notice of appearance (Form G-28) on behalf of the visa petitioner, may request PPS for designated visa petition adjudications. The petitioner, attorney or representative, or beneficiary may pay the $1,000 Premium Processing fee, but the beneficiary cannot sign or file the Form I-907.

This is from this link: Premium Processing Service

andy

Hey,

I, myself, signed my I-140 premium and it worked for me and I am not self-petition. He can try it even if not work, USCIS will return his money, so no lose anyway.

 

[techy2468]

Long time since last I "saw" ya... Have you ever tried infopass?

My case (primary) got approved on 2/1, whereas the spouse's is still pending though it's still within the official processing time. At any rate, we are going infopass next week about the case. We had some trouble when submitting the spouse's I-485, so we just want to make doubly sure if CIS has everything right in place.

Before the approval, my pattern was exactly the same as yours. The RD is 9/29, and the only LUD is 10/3. There was nothing whatsoever until the approval. I suspect that in your case, no LUD may mean everything is all fine other than security check. It's probably ready to get approved on the CIS part but FBI gets in the way.

Let's cross fingers and hope everything will work out around the processing due time.

congrats dude......i am not so optimistic about my case......i dont want to raise my expectation....

i am preparing for a long drawn battle.....i have seen some people stuck in name check for 2 years......i am counting myself to be one like that.....

not that i dont wish to get a early approval....you know how it will feel.....freedom from this f**ing USCIS mess.......but till then....have to keep the expectations low...

 

[andy garcia]

Hey,

I, myself, signed my I-140 premium and it worked for me and I am not self-petition. He can try it even if not work, USCIS will return his money, so no lose anyway.

I am just curious to know which option you selected when you filed your premium petition?

• Are the petitioner who is filing or has filed a petition eligible for Premium Processing.
• Are the attorney/accredited representative for the petitioner who is filing or has filed a petition eligible for Premium Processing. (Complete and submit Form G-28.)
• Are the applicant who is filing or has filed an application eligible for Premium Processing.
• Are the attorney/accredited representative for the applicant who is filing or has filed an application eligible for Premium Processing. (Complete and submit Form G-28.).

These are the only 4 options I saw on the form.

andy

 

[waiting4cagc]

I plan to write to the Ombudsman asking him to review the PD portability rules. If they can get rid of labor substitution, they can put a stop to this evil practise too.

So you think PD portability is an evil practice? Ever considered that those with old priority dates have been in the queue longer and may likely deserve faster processing?

 

[geofu54]

thanks, and

i dont want to raise my expectation....

I know... my spouse is saying exactly the same thing. I myself did not expect it to be approved this (relatively) fast; I thought it was going to be at least 8 months to one year and if we got past the latter point that would mean we was seriously in trouble. Now that she has it still pending being "left behind," she sort of feels something may be wrong with her application (i.e., there may be some problem that my application didn't have but hers does) and the question is how serious it may be. Hopefully we will be able to figure it out at infopass. At least, we keep saying to ourselves, she is on status. At some point we may need to consider applying for AP (and perhaps EAD too). But for now, we see if we go beyond the processing time + 30 days or not.

 

[BaliUSA]

herenthere,

you can sign the premium request paper yourself, it doesn't have to be Employer or your lawyer.

Good Luck

Not really;
I140 is Employers property; Only Enployer or the Lawyer can file for PP

Once I140 is approved then I485 is Individual...

 

[richshi]

Actively processing this case?

These people don't even bother to give an explanation anymore... pathetic. I guess the reply was automated... without nothing being done. Basicly they tried get you off their back for 6 months, then another...

Did you see LUD one day after the inquiry being initiated? and then the letter came within a week?

The inquiry initiated by Customer Service reps is pure BS.

I called when my 485 became one month beyond processing time and the lady asked for receipt number, full name and A#. She only acknowledged that it was out of processing time and offered to place an inquiry. I Got LUDs the day after and the next day after that. A week later got a letter from USCIS saying that they are "actively processing this case" but have had to perform "additional review" which will result in "increased processing time". The letter went on to say that if I don't receive a decision within 6 months of the date of the letter, I should call back.

I have a feeling I could be doing this dance with them for years, inquiring and getting this stupid form letter every 6 months, and in the mean time forking over cold, hard cash for EADs, APs, etc...

 

[GYC]

I am just curious to know which option you selected when you filed your premium petition?

• Are the petitioner who is filing or has filed a petition eligible for Premium Processing.
• Are the attorney/accredited representative for the petitioner who is filing or has filed a petition eligible for Premium Processing. (Complete and submit Form G-28.)
• Are the applicant who is filing or has filed an application eligible for Premium Processing.
• Are the attorney/accredited representative for the applicant who is filing or has filed an application eligible for Premium Processing. (Complete and submit Form G-28.).

These are the only 4 options I saw on the form.

andy

I selected "Are the applicant who is filing or has filed an application eligible for Premium Processing."

Money talks and USCIS knows those filed premium going to wait in I-485, All Governments are evil.

 

[antonioa77]

These people don't even bother to give an explanation anymore... pathetic. I guess the reply was automated... without nothing being done. Basicly they tried get you off their back for 6 months, then another...

Did you see LUD one day after the inquiry being initiated? and then the letter came within a week?

richshi,

u were so hopeful before about the BCS ( new introduced, if introduced background system). after seeing all those people being stuck with namecheck, r u still that optimistic about that marketing stupidity of USCIS?