What pro-active action can i take?

scopius

Registered Users (C)
EB2 India, PD: Sep/2003
I140:
__AD= Sep-07 (under EB3 - error by lawyer)
__AD= Mar-08 (under EB2)
EAD/AP:
__AD= Sep07
I-485:
__RD= jun 21, 2007
__ND= july 23, 2007
__AD= ??

Name check:
Spouse's cleared,
Mine was NOT (last checked in Jan-08)

I called USCIS Texas center, 40 days ago. Both Priority and processing dates were current for me. They said they will open a Service request. I called them today (May 28, 2008). Old POJ sequence was answered by a person who gives a new sequence. New Customer support has no info what-so-ever.

I have infopass appointment (based on 45 day pending option) on June 2nd, 2008.

Q1: Is infopass appointment setup with correct option (45 day pending)?
Q2: Will infopass help? what questions should I ask them?
Q3: My wife is using EAD(expires Sep-08) and I am still on H1B (expires July 09). Should I just renew my spouse's EAD/AP not mine?
Q4: Please suggest what else can I do other than waiting.

Thanks much
 
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Contact your local senator and/or congressman. Senator is better. They might help you out.
At the infopass, tell them that your case is outside normal processing timeframe. Ask them why it is delayed and try to see if they can do something for you, like sending a note to someone or something. This is admittedly a remote chance. Tell that your case is delayed and ask them to see what they can do about it.
Yes, renew your spouse's EAD unless she doesn't need to use it.
No need for you, if you're still with the same employer who filed the H1.
Also ask the USCIS the status of the earlier service request. Did they give you a case number for the SR?
 
Thanks for the info!
They never gave me a service request number. When I asked the "new" customer service rep about the service request. She kept repeating - "Sir your processing date is within 30 days of your receipt date. We can not do anything. If it was outside 30 days of processing date, we could have done something."
I explained that previous month processing date was July, 2007 and that my receipt date is Jun 21, 2007. And that there was a service request created a month ago. after all the explanation, She repeated the same damn sentence again. I tried again but I was slapped with the same response. It was quite frustrating but I kept my cool.

How should I go about finding local senator? Should I try meeting him/her in person, send an email, snail mail? Is there a mail format that has worked for people in past?

I am sorry for asking this kiddish questions but I don't wish to take any chances.

Thanks again
 
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No question is kiddish, as long as you've put in a reasonable amount of effort at first trying to find the answer yourself, rather than asking it directly and hoping someone else will do the hard work and come back to you with the answer.
(Of course, I don't mean to be rude).
Here's what I used due to my namecheck issue.
Search these forums for "letter to senator" and I'm sure you'll come up with other templates that should be useful.

Subject: Immigration delays due to FBI namecheck.

Dear Honorable Senator,
I wish to bring to your attention inordinate delays in completing security checks for immigration benefits. Most of these checks are completed within a reasonable period of time.

However, one particular type of check, known as "namecheck", is done by the FBI and may take years to complete. It is not surprising that the CIS Ombudsman in his 2007 Annual Report to Congress has categorized name check as one of the "Pervasive and Serious Problems" (page iv). The namecheck problem has been outstanding for many years now, yet little has been done to resolve the issue.

These delays have affected me and my family directly and severely. My Adjustment of Status (AOS) application has been pending since May 2006 due to these checks. Overall, my permanent residency application has been pending since April 2006.

I am not an illegal alien and have maintained legal status every single day of my stay in the United States. Adjudication of my AOS application will be one of the most important events in my life and lives of my family members. It is unfortunate that this ill-conceived security check causes so much harassment to many genuine law abiding applicants who mean no harm and are waiting to call this great nation home.

Among the criteria employed by the FBI for namechecks are similarities in first or last names, closeness of date of birth, slight variations in the spellings of names etc. So if the FBI has a file on someone with whom I share my last name, it triggers a hit. It is obviously a *very* inefficient procedure, not to mention being an extremely unfair one.

I request you to evaluate the FBI namecheck procedures on an urgent basis and help the more than 150,000 people languishing in the namecheck procedures.

Thank you.
Yours sincerely,


(Signature)

 
Thanks for the info!
They never gave me a service request number. When I asked the "new" customer service rep about the service request. She kept repeating - "Sir your processing date is within 30 days of your receipt date. We can not do anything. If it was outside 30 days of processing date, we could have done something."
I explained that previous month processing date was July, 2007 and that my receipt date is Jun 21, 2007. And that there was a service request created a month ago. after all the explanation, She repeated the same damn sentence again. I tried again but I was slapped with the same response. It was quite frustrating but I kept my cool.
The latest processing date of I-485 at TSC is 06/21/07, so the service rep was right that she could not open another SR for you. Yes, the processing date rolled back this time, and it is not the first time that happened and very likely it is not the last time either. Also, whoever you talked to last time probably did not open SR for you since he/she did not give you the SR number, which you need to bring to your Infopass appointment (you chose SR follow-up option and they specifically ask to have SR# for using that option).
 
Thanks for your inout CD4help.
OK.. I do NOT have SR#.
What changes should I make to my infopass appointment to just go there and atleast ask about my name check/application status? There was no generic option.
Do you suggest I cancel the appointment?

Your help is very much appreciated.

Thanks
 
You cannot do much if TSC processing date is not 60 days beyond your filing date. But you can do something about your namecheck. I can understand your hurry about getting it done before your Priority Date becomes unavailable, but USCIS will not entertain or create any Service request until the processing date is more than 60 days far off from your filing date. You are lucky that the CS representative told you 30 days, but usually they ask for 60 days.

Although name check pending is not a roadblock to approve your case now, you can still write letters to senator and first lady so your name check is cleared, that update may force USCIS to open your case and approve if your Priority Date is still current. You can try calling continuously every week, to find some polite lady who will really tell where the case is and if the requested visa number etc.
 
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