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  • optimystic
    04-01 06:44 PM
    Before Nebraska service center retrogressed their processing dates I was able to speak with an IO. I asked her a few questions relevant to this.
    There maybe a public USCIS rule / procedures that would confirm what she told me.

    Q) When is the name check typically initiated
    A> Soon after receipt

    Q> Is my name check cleared.
    A> wait a moment..... yes

    I've also explained why Nebraska processing dates moved back...
    1) Transfers from Texas
    2) VB moving forward coupled with no pre-adjudication. Therefore they have to go back to older receipt dates.
    3) 180 day name check rule taking effect -- clean up old cases.
    4) Public processing date was internally known to be too far ahead of reality (and therefore causing service requests).

    Now could USCIS hide behind name check now?
    Probably not for more than 180 days, because you could file a WOM and win.

    Can they stagnate processing dates --- yes, and there is a risk that they will around 2nd July 2007 date (last year's fiasco -- if I need remind anyone). That would make me barking mad since my receipt date is about 59 days before that.

    A WOM will likely succeed when an individual is arbitrarily processed more slowly, and now name check is not an excuse. However, a WOM is much less likely to succeed when a whole group is processed slowly, since USCIS can always claim resource constraints. The happened with labor cert and BECs, the case(s) that I read the judge basically said to speed up one application would slow down another. So you need to show that you are behind the reasonable processing times with respect to others, then you can force USCIS's hand.


    Looks like you may have gotten lucky with the IO that you encountered over the phone. I just tried reaching a level 2 officer. Unfortunately Nebraska center is closed at this time, so I got transferred to the national service center and possibly to a level 1 case handler. She seemed very polite and even sounded quite young ( intern !? ) . Here's transcript

    She ran me thru several questions, default status update thats already on the online case status and finally I steered towards more specific questions

    1) I wanted to check the status of my case, the online status has shown no updates since 7 or 8 months. Specifically was a namecheck initiated in my case?

    A) Sorry sir, you have to make an Infopass appt for that, I have no access to that info.

    2) Usually it should be initiated soon after receipt date, and completed within 180 days, right?

    A) Yes sir, as per the new 180 day rule (seems to be aware of the new rule :) ), it should be done, but I can't tell you whether it has been initiated yet or not, or if it has been cleared. But if you doubt that it has been initiated and its been more than 180 days, then there's the new provision in law that your cards should be ordered immdtly, if everything else checks out (like PD etc). You have to make an InfoPass appt to get this info.

    3) Can I place a Service request over the phone instead?

    A) Your case is outside of our current processing date limits. You have to be atleast 30 days older than the current processing date at your case service center to initiate a service request.

    4) When do you think the Processing dates will catch up with my receipt date?

    A) The computer shows me that it will currently take 53 days (w.t.f !!) to get to your case !


    I will probably give another try tomorrow during normal working times of NSC. Hopefully get to an IO who can tell the namecheck status.

    But if its been cleared, then what next?? Just wait to see the PRD get stuck at July 2, 2007 eternally ???

    I mean what cases are they processing ??? My PD is EB3 May 2001 !! Probably very near to front of queue. How many potential approvable *current* cases could there be that need to be processed before mine? How to get this information? Will an Infopass help to get such information?

    If not then, whats the point of taking an InfoPass?





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  • GC_SUCK
    03-04 12:00 PM
    At what point of GC process you don't need your lawyer anymore? Is it true that after filing I-485, and if everything is smooth with ur case, you don't need lawyer.

    One more question, at 485 stage , if there is RFE/NOF, does USCIS inform you or your Lawyer?





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  • sdrblr
    03-22 01:08 PM
    It means "GO Green" pending Visa #. It is as good as telling "Pre Adjudicated"





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  • pankajkakkar
    09-20 05:58 PM
    Thank you uslegals.



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  • kannan
    04-13 12:08 AM
    Hi,

    Are you going to file AC21 now or going to reply Rfe without filing AC21.
    Is your lawyer frogamn from CA? Did they infom you about Rfe if not how did you get the Rfe mail.

    Thanks




    I have a phone call set with my lawyer. I am going to listen to his recommendation. However knowing how others are handling similar situation will help me in taking decision.





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  • Desi Unlucky
    05-13 08:33 PM
    My PD is in Feb 2005, hence downloaded the 2005 MDB, did not find my case in there and to my surprise haven't seen any cases from the backlog centers. The database for 2005 contains only 14000 records, can't believe there are only 14K cases filed in 2005. Am i missing something ?



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  • rajesh_kamisetty
    04-20 10:26 PM
    How about that?





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  • sys_manus
    11-15 12:34 PM
    That is because I see lot of kids come to "what was the name again" schools with megre or no GRE scores just to land here once they get to OPT they get 8 - 10 yrs of experience out of nowhere and they are out in the job market. I can spend all day writing about them, the school and the quality of education but it is not going to do any difference.



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  • desi3933
    03-18 10:56 AM
    Best advice? Talk to more than 1 immigration lawyer.

    I don't need to talk to Immigration Attorney.

    Have a good day!





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  • reedandbamboo
    09-11 02:34 PM
    My I-485 was last updated in 12/2007 .. i think its lost in the paper maze ..



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  • masti_Gai
    10-03 10:33 AM
    A copy of ur approved 140 is more than enough i feel.
    And hope that ur current employer isn't pissed off so that he wouldn't care to revoke ur 140 else ur case wouldn't stand.





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  • Libra
    08-14 10:08 AM
    Good job, now why dont you take your credit card contribute to IV whom you complained on me:D

    Libra,

    I dont know what to say about you. I have complained to admin about your derogatory posts. Admins will be taking appropriate action on your account soon.



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  • singhsa3
    08-26 12:37 PM
    Bump





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  • lazycis
    12-18 12:45 PM
    What if the job i'm moving to after 180 days is hiring me permanently now itself? Do they still have to specify (in EVL for AC21) that they will hire me perm only upon getting GC?

    Just specify that they intend to employ you on a permanent basis. It does not really matter whether it happens before or after you get your GC.



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  • loudobbs
    08-23 04:53 PM
    would all AOS applicants receive FP notice or only those whose PD is current.

    Your interpretation of the question is incorrect :p:p
    I am sure about your answer though...:)


    Q: Does everyone get fingerprinting notice?
    A: No. Only those who apply for AOS. :)





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  • efzuniga
    08-26 09:47 PM
    Same happened to us. The checks were cashed and we have even received the appointment notices for biometrics. My lawyer told me that there have been several cases lake this one. He is going to submit proof of the checks being cashed and copy of the notices to the USCIS.



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  • sanju_dba
    01-26 11:53 AM
    i wonder how much they would loose in fees by those applicants.
    its like a lottery right? so govt is making tons of money on this scheme too?
    It that $$$ is big then passing this bill on the basis of $$$ vs to-be-leader concept fails.





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  • centaur
    02-05 04:53 PM
    "control what bills and amendments are considered in committees and on the floor of the House of Representatives. They have taken no action for reform but have proposed legislating on a money bill in violation of House rules. Should the Senate Judiciary Committee's H1-B proposal come before me in the House of Representatives, I will certainly consider your point of view. "

    Another example, of an excellent quality "formatted letter" . Notice how the politician is ,while being non-involved, looking sympathetic to your issues. Notice the open ending, suggesting non-committed view "will consider your views". This leaves room to navigate the press. Not only this, the brilliance of this letter lies in, easily blaming the other party, for having failed you.

    A bill can be intiated by any member, irrespective of the party. If they are committed to your cause, it only takes a few moments to introduce a bill.





    I got this Reply from Zoe Lofgren, offcourse this reply was in December 2006 when Republicans were controlling the Congress.

    Thank you for contacting me. I appreciate the time you took to explain the impact of the H-1B visa cap and the "green card" backlog on U.S. employers.

    I understand well that the success of U.S. companies depends on highly educated and talented U.S. citizens and foreign nationals.

    What we need is thoughtful reform that supports the American economy and allows American companies the benefit of the "best and brightest" from around the world.

    As you know, the Republicans now lead in the House of Representatives, Senate and White House. As such, Republicans control what bills and amendments are considered in committees and on the floor of the House of Representatives. They have taken no action for reform but have proposed legislating on a money bill in violation of House rules. Should the Senate Judiciary Committee's H1-B proposal come before me in the House of Representatives, I will certainly consider your point of view.

    Again, thank you for contacting me. Please do not hesitate to contact me again if I can be of further assistance to you or your family.


    Sincerely

    Zoe Lofgren

    Member of Congress





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  • WaitingForMyGC
    02-13 03:16 PM
    mine is 11/01/04 ...I searched in 2004, 2005 and 2006 databases, could not find either

    Guys any other place where we could dig this information. My application is also not listed in any of the database.





    Lasantha
    02-21 01:11 PM
    Did you mean for EB3 ROW? One year? I am not so sure. Couple of months maybe...


    With the new rule on FBI name checks, a potential 47K with current PDs could get their GS's soon. I wonder how much of a shift we will see in the PD's from now, after the 47K is not taken into account. I would predict a minimum of atleast a year jump, or am I being optimistic. :confused:





    Pagal
    02-25 01:05 PM
    Can you share which application this was for?

    It is Adjustment of Status (AOS) application for the I-485 that my company/lawyers filed in 2007 August.



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