TSC problem cases .. please post here ..

S

saras76

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Guys and Gals,

I am starting this thread to track problem cases. If you are confused as to what constitutes a problem case, here is a list of things that can qualify your case as being a problem case -

1. Transferred to the wrong local office.

2. Lost application.

3. Name check delays.

4. Long delay without any update from TSC.

I am sure there are tons of other reasons that can create problems in a case so please use your own judgement here.

The purpose of this thread is to share our problems and also ways in which we solved some of the problems related with our case. We might be able to learn from another persons experience and may be able to apply it to our own situation and hopefully correct it.

I think the first thing would be to post details of your case and then follow up with what you have done thus far to correct the situation. I am going to put the first entry and hope that others will follow. I will make sure to keep this thread alive so we may continue to help eachother.

regards,

saras
 
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My problem case

Here is the template of how I envision this thread to look like. I think this format will be most helpful.

Problem

TSC transferred my 140 and 485 to the wrong local office after about 6 months of filing the case. Ever since the transfer, almost everything has been a problem. EAD apps have been sent to the wrong office, APs have been lost and multiple FP notices have been sent. The root cause has been the wrong transfer.

Steps taken so far

- AILA inquiries through my lawyer (only a lawyer can do this).

- Registered letters sent to TSC director and that of the local office in which my files were transferred.

- FOIPA sent to FBI and received no record from them. (this is a precautionary step in case there are "name check" issues in the future)

- Email has been sent to FBI to confirm the completion of name checks.

Current Situation

- Lawyer has confirmed through an AILA inquiry that my case (140, 485 and wifes 485) have been transferred back to TSC.

- FP notices have been received from TSC.

- 140 has been approved by TSC.

- 485 RFE has been issued on my wifes case. It was for legal status and we replied almost 5 months ago. There has been no movement in our case since the reply to her RFE.

Right now our 2nd APs have been pending for over 7 months and we just received written confirmation from a TSC supervisior that they have lost them. New apps are being submitted by my lawyers. The other problem is that my online status for the 485 still states that the case is in Miami. It has never changed since the day of the transfer to the wrong local office.

Future plans -

1. Write letters to ombudsman and send emails to his office.

2. Write letters to Congressman.

3. Depending on the outcome of the name check status from FBI, I will write letters to the head of the FBI name check division and a few other higher ranking officials.

Thats the story thus far. Lets see what happens next.

regards,

saras
 
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Steps taken so far ......

Problem:

TSC transferred 485 to Dist office with out 140 approval.

Attenede AOS interview and waiting for 140 approval.
After AOS interview, 140 got transferred to dist office and again 140 came back to TSC.

Steps taken:

Enquired (layer) about 140 with the help of AILA -- 3 times and still the 140 is not approved (At this point I am not confident about AILA can help resolve this issue)

Taken help of Senetor from TSC and done congressional enquirey.Waiting is going on.

Taken help of local congressman and since the application type is 140,either employer or attorney has to call congressman.

Next steps

Write letter to Ombudsman and so on.
 
Problem:

Namecheck pending for >28 months

Steps taken:

1) Expedite processing request from the government. Request denied - reason "Namecheck pending"
2) 1st followup with Senator. Reply "case will remain on hold while name check is pending"
3) 1st followup with congressman. Reply "case will remain on hold until namecheck completed"
4) 2nd followup with Senator. Reply "FBI understaffed and overworked and when they finish namecheck they will send it to USCIS"
5) Email to FBI NNCP in december. Replied in June "your case is pending"
6) My employer tried to expedite namecheck through FBI. First they agreed to do it. Then in 2-3 days called back and said "No we don't do such things. No expedites for anyone"
7) Wrote personal letters to NNCP chief and emails. Reply was pretty fast and from him "Your namecheck has been assigned to analyst to work on. I apologize".
8) Employer followed up with Congressman second time to expedite namecheck. No response yet. waiting...
9) Wrote personal letter to ombudsman.No response yet.
10) Wrote second leter to NNCP chief. He didn't get it yet
11) Wrote letter to TSC director. Didn't received the letter yet.

PS. All these steps (except status request from FBI NNCP in december) taken AFTER TSC crossed my processing date. They all also include FOIPA response from FBI with no record.

Next steps

Wait for all the responses and file writ of mandamus or leave.
 
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EB-1A ( Multinational Manager)
I-485 and I-140 ND 6-17-2003
RFE on I-140 in October 2003
Responded Jan -03 2004
LUD on both I-140 and I-485 on 12/08/04 without change in the message
2 EAD's
2 AP's
FP2 March 03,2005- No LUD after that
I-140 AD??
I-485 AD??
 
Not yet Approved

Thanks Saras76 for starting this thread

Applied 485 for both myself and wife. I am the primary applicant and my wife is dependant.

TSC EB3
PD : April 27, 2001
ND 485: Oct 28, 2002 (for both)
FP : Dec 7, 2004 (for both)
485 Transferred to Atlanta, GA : May 02, 2005 (only for wife)
My 485 : No change after FP till now

My question is that be possible transferring my wife's 485 to local INS without touching my 485? or Is that weird?

I have an arrest record by my wife but the case has been dismissed though.
My wife called police on me for domestic violence. That time she was very new to the US and she doesn't know that would mess 485. She thought that would be a simple warning to me by police. But she is repenting much why she did like that to me now. Also the next day after she called police on me she went back to them and said she wanted to take the case back but they said she cannot take it back and it has to go through the process. That's how I was involved into the arrest record. Anyway it happened.

Can you guess whats going to happen for my 485 now? Are they going to transfer mine aswell or going to approve straight at TSC after Oct 01, 2005.

Thank You
 
Thanks everyone and a message for gls

Everyone,

Thanks for sharing your case details. I know its hard to put it all in writing because it just reminds us of the mess we are in but maybe we can get out of it by sharing information. I guess we have to use every resource available to us.

gls,

From what you have described about your case I think it qualifies as a separated case. You can call the National Service Center and go through the choices. There is a choice for separated cases and you will be able to talk to an officer who may be able to tell you more about the case. It is likely that your case has been forwarded along with your wifes case but it would be prudent to follow up and make sure. You can even visit the local district office and verify if they have your case.

As for the police record I am not experienced in this regard but if no charges were filed then you should be approved after interview.

Keep us posted on your progress.

regards,

saras76
 
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ned .. have you done anything

ned,

Sorry to hear about your long delay. Can you please share what you have done thus far and if you have received any sort of update from TSC regarding the cause of the delay. Is your case stuck in the dreaded "name check" process? Have you been in touch with the FBI, Congressman etc .. please elaborate.

thanks,

saras
 
Anybody know I-485 can transfer from one I-140 to another I-140

Hi Everyone, I am new to you guys and do need your kind helping on my case. I have big problem with TSC. Here is my strory and any suggestion is very appreciated!

I send two I-140 applications on Aug of 2002, one I-140 is EB1-2 (ourstanding researcher) another I-140 is EB2 (National interest waive,NIW). I send I-485 application with the reciept of EB1-2 on Oct of 2002. On Aug of 2003, my NIW (EB2) was approved. My lawyer said that I can transfer the basis of my I-485 from I-140 EB1-2 to my approved I-140( NIW) and send the request of transfer I-485 to TSC. My H1B visa expired on April 30 of 2004 and I use EAD to continue my job. On Feb 1, 2005 I get the NOID for my EB1-2 from USCIS. My lawyer suggested that I do need to reply because I had an approved I-140 which can base my I-485. But I reply to NOID by myself. May 24, 2005 I get the letter from USCIS to deny my I-140 EB1-2 and at same time USCIS deny my I-485. The reason USCIS denied my I-485 is" Underlying immigration visa petition is denied and our service record does not indicate the existence of another approved immigration visa petition upon which to base your I-485". My lawyer think that USCIS make some error, so he send MTR to USCIS and received by USCIS on June 13, 2005. My Question is: Do you think I can transfer the basis of I-485 to my approved I-140 ? Do you think USCIS will aprove my MTR? How long I need wait to know the result of MTR in TSC? If my I-485 can be transfer to another approved I-140, the error should come from USCIS. Under this situation, Can I continue to work with my EAD card? Thank you very much for your any suggestion.

anluckyman
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Update

Guys and Gals,

This week I have written to the ombudsman office and to my local area congressman. AILA inquiries have been useless thus far. Lets see if anything improves.

anluckyman,

I am afraid I do not have any advice or information to share with you. It might be a better idea to post your questions as a separate thread. Someone with a similar experience may be able to help you.

regards,

saras
 
My case history

Guys,
My case as follows
I-140 ND Jan 2003, AD Jan 2004

I485 & EAD1 ND Oct 2003.

:mad: EAD1 never adjudicated. After 18 months, USCIS told us my EAD1 is denied because I have EAD2.

Right now 3 EAD, 2 AP.

FP1 done on Dec 2003. FP2 is scheduled on Aug 9, 2005.
;) FBI Name check Pending since Nov 5, 2003.

:mad: :mad: :mad: Lud changes that 485 approved (july 12, 2005). But it is due to system error. :mad: :mad:

Contacted Senator, Heard back that FBI name check is still pending.
Contacted Congressman, no reply back yet.
Sent Letter to Cannon/Hooton, no reply back.
 
Saras 76, thank you very much to reply my post. I am new to use Forum, could you please tell me how to post my concern as a new thread ? I am appreciated for your help!

Anluckyman
 
Hi Saras76 and all guys with problems

If we get enough people here with problems maybe we can lobby ombudsman as a job lot. Each of us do a letter, collect them all together and send a wacking great pack of all cases to him with copies for the PERSONAL att of the director of TSC!!!!!!!!!! and then media and the White house It would be great if we are all in the same area to meet up personally to form an action group

Anyway here is my sons case

1. Husband filed I 140 Sept 2000 (could not file I 485 concurrently)

2. Husbands I 14 was approved May 2001

3. Husband filed I 485 and I 824 for son to follow to join in Jan 2002

4. Husbands and son's case became separated

5. Sons I 824 was pending at enactment of CSPA- got denied Oct 2002 with letter to say re-submit new I 824 for son once husbands I 485 was approved

6. Husbands I 485 was approved April 2004

7. May 2004 sent new I 824 for son - approved Aug 2004 - cable sent to consulate for sons I 824 approval 12th Aug 2004

8. Jan 2005 As no news from consulate for son-started to make enquireis.

9. Consulate said that TSC never sent approval or they did not receive it. Eventually on 29th April 2005 consulate asked for more info on sons case
as he was now 24 years old- saying the would seek advisory opinion

10 21st July 2005 asked congressman to chase up


Sue (Florida) FED UP , PULLING HAIR OUT, BUT WILL NOT GIVE UP!!!!!!!!!!
 
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Thats an idea

Susan and other fellow unfortunate filers,

I think its a good idea to pool our resources together. The reason I started this thread was to see if we could as a group do something to resolve our problems. I am willing to do the work of putting together everything and sending it to the Ombudsman office if other people are comfortable enough to send the letters to me. It is time that everyone found out the truth about the problems plaguing a fraction of cases that are mishandled/neglected by TSC and USCIS. If we do not raise our voice, no one is going to do anything and we will continue sitting here for years complaining about the mess we are in.

Here is what I suggest we do -

1. All of us send letters to the Ombudsman office individually first. That way they will know what is going on with each of our cases.

2. After a month of sending our indvidiual letters, we send out a packet of second letters under a group with a cover letter explaining the formation of our group and what we are trying to do.

3. We can then get in touch with news agencies and such to see if they can highlight our plight.

4. Worst comes to worst we can all talk to some lawyers and file a class action lawsuit against USCIS. In this country people sue for frivolous reasons, at least we have a legitimate reason for taking them to court. Their actions have caused us so much trouble.

Let me know what you guys think of the above ideas. Feel free to suggest changes or new ideas. My goal is to do something about our sitaution and not be at the mercy of the TSC anymore.

regards,

saras
 
Hi saras, sorry could not post earlier:

F1 (1993-1999); OPT 99-2000; H1 2002-2003:

I-140 (EB1-OR) filed April 2002; approved Oct 2002.
I 485 filed for self and wife Sep 2002; both approvals (ERROR) OCt 2002.
FP1- June 2003, FP2 Aug 2004, Now TSC says they haven't sent file to FBI.. were they sleeping all this time. I'm disgusted.. Sent letter to ombudsman, my lawyer is the laziest man on the earth. I should sue him first.
 
Hi Saras

Yes great, I have been trying to do something like this by myself.

First I think we need more people to post their case problems so we have at least say 50 people.

I have many other ideas perhaps if you PM your number I will call you and could work together on this?

So for now folkes just post problems only here otherwise thread may get messy.


Regards Sue
 
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Some progress made .. I think ...

Guys and Gals,

No one has posted in this thread for a long time. I wanted to update some of you about some progress that has been made in my case. I had written an email to the Ombudsmans office in late July regarding the issue of my 485 online status showing the case to be in a local office in Miami. In the email, I listed all the screw ups by TSC (there have been a lot of them). Coupled with this my lawyers sent out new AP applications for myself and my wife in late July because TSC sent us a letter stating that they have lost our AP apps and we should send them new ones. Then finally on August 2nd the LUD on my 485 changed stating that the case has been received in TSC. This was the first LUD change on my 485 since the wrong TRX to Miami. The LUD changed for 4 days until the 5ht of August. There has been no change since that date.

I guess this is some progress. I am not sure what triggerred the update or the LUD changes but I suggest all of you write an email and a registered letter to the Ombudsmans office. It might just work.

I will keep everyone posted on future developments. I am hoping that they have finally got my case back on track and will approve it in October. It might be wishful thinking but hope is all I have at this point ...

regards,

saras76
 
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Hi, Saras76, good suggestions and actions

Hi, Saras76,

I would like to act just like you, send letter first individlly, and then group...
can you send me the letter format (imissyouso76201@yahoo.com) you send to OMBUSman? so I can mail out tomorrow, thanks very much .

BTW, i plan goto do early FP2 next Tuesday at Louisville KY (scheduled at Dallas, my lawyer is there). Do you think it's possible?

140 approved sep2003, 485rd oct2003, FP1 jan2004, FP2 sep2005, name check pending since oct2003 (called today, wife's cleared last year).

zhg67320
 
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