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  • ZigZag
    08-12 01:12 PM
    Same is the case here.

    Opened a SR on 10Aug2010 and got my CPO mail just today. Although I was very sceptic about following up with USCIS by opening SR etc, now I think it definitely helps. I did not get to speak to an IO or escalate my call to a supervisor, but it still worked. Until I opened SR, nothing was happening and my case status which I was checking 5-6 times a day, remained static with no LUD/HUDs.

    So, my recommendation to all those whose dates are current is to at least open a SR so that someone at USCIS looks at your file. If everything is OK and the case is pre-adjudicated, then approval will come through. Also, my guess is they have already allocated a Visa number for all those cases that are current (reason- Dates did not move too much forward in September Visa Bulletin). Good luck to everyone waiting. I am sure your turn will come very soon, but at least open a SR to expedite it somehow.





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  • InTheMoment
    08-04 09:21 PM
    Very relevant info regarding FBI namecheck:
    http://immigrationportal.com/attachment.php?attachmentid=16343&d=1179435102

    Relevant part below:

    Testimony of Michael Cannon,
    Section Chief
    National Name Check Program Section
    Records Management Division
    Federal Bureau of Investigation (FBI)

    Feb 9th, 2006, US District Court
    Southern District of Florida

    (1) 1 am currently the Section Chief of the National Name Check Program Section ("NNCPS"), formerly pa rt of the Record/Information Dissemination Section ("RIDS"), Records Management Division ("RMD"), at the Federal Bureau of Investigation Headqua rters ("FBIHQ")
    in Washington , D.C. I have held this position since March 7, 2005 . This declaration supplements my January 30, 2006 declaration previously submitted in this ma tter and is intended to provide further information in accordance with the order issued in the above captioned case
    on February 9, 2006 by the Honorable United States Dist rict Judge Ursula Ungaro-Henagcs .

    (2) This Honorable Court is seeking additional information on the FBI' s name check process, including the amount of time, on average, required to complete a name check requiring a secondary manual search; the average time required to retrieve and review an FBI record for
    possible derogatory information ; and why it took three years to complete the plaintiffs name check.

    (3) The amount of time, on average , required to complete a name check requiring a secondary manual search varies from case to case. Because there is a backlog of cases currently pending, it is difficult to compute an overall average. As mentioned in my January 30, 2006
    declaration, approximately 68% of the name checks submitted by the United States Citizenship and Immigration Services (USCIS) are electronically returned to USCIS Headquarters as having "No Record" within 48 hours, with a secondary manual search usually identifying an additional 22% of the requests as having a "No Record," for an overall 90% "No Record " response rate . The additional 22% identified as having a "No Record" are returned to USCIS Headquarters within 30 - 60 days of the date of their original submission. As mentioned in my
    January 30, 2006 declaration, the remaining 10% are identified as possibly being the subject of an FBI record, which requires the retrieval and review of the record .

    (4) Many times, the delay associated with the processing of the remaining 10% is not so much the actual time it takes to process a name check, but the time it takes for an analyst to get to the name check request in order to process it. This is due to the constant volume of name
    checks submitted by USCIS, in addition to the FBI's other customers, combined with the FBI's current work on processing the residual name checks from the 2 .7 million name check requests submitted by USCIS in November 2002, as compared to the National Name Check Program's
    (NNCP's) limited resources. So far this fiscal year, the NNCP has received a total average of over 62,400 name checks per week, with over 27,700 coming from USCIS on a weekly basis .

    (5) The average time required to retrieve and review an FBI record for possible derogatory information is case specific, it depends on the number of files an analyst must obtain (which is dictated by the number of "hits" on a name), the location and availability of those files, and the amount of information contained in a file . If a file is located at the Alexandria Records Center located in Alexandria, Virginia, an analyst will be able to obtain a file within a matter of days . If a file is located in a field office or other FBI location, the applicable information must be requested from that location. 'here are over 265 different FBI locations that could house information pertinent to a name check request, If a file is electronically available, an analyst will have immediate access to a file. Additionally, once an analyst receives the file, or the pertinent information contained in a file, the analyst must review it for possible derogatory information . The length of time this takes depends on the amount of information in a file and its complexity.

    (6)The name check request for the plaintiff Maria Trujillos was submitted by USCIS 28 on March 25, 2003 . The timing was such that the submission of the plaintiffs name check request immediately followed the submission of the 2 .7 million names resubmitted by USCIS November 2002 , which unfortunately delayed NNCP' s ability to immediately address the plaintiffs name check request. Plaintiffs name check could not be immediately addressed because the submission of the 2.7 million name checks further depleted NNCP's ability to quickly address its current workload at that time , in addition to hindering NNCP's ability to address future submissions, which included the plaintiff s name check . This, combined with the factors outlined in paragraphs (3) - (5) above, contributed to the time it took to complete the plaintiffs name check .





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  • naushit
    10-01 03:24 PM
    Alright, Finally I got CPO email , Life is good.

    Thanks,
    -N

    Finallly, my online status changed from "Initial review" -> "Document production" and also got email from Senator's office that my case is approved.

    I think I got it....but not 100% sure yet...no approval emails yet... or no other proof.

    Thanks,
    -N





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  • natrajs
    10-01 04:29 PM
    Wow Naushit,
    Enjoy greenhood..........no luck yet for my wife...But she got a call from USCIS office of Wash DC that it is the biometrics that is holding her approval...they are issuing a biometrics appointment....I told so far she had been issued Biometrics appointment thrice and we have not received anything.

    Also if I got approved without biom availability how come she is not....she is giving crap that our job is approving the primary applicant....I told her that none of my friends have got approval just for the principal they all got approved together.

    I told her Biom does not hold approval ...she was adamant we can't approve her w/o that.

    SoP

    SOP, The moment you receive the Biom Notice, do not wait unitl the interview date, try to walk in to the service center the next day to do the Biom

    Good Luck and Best Wishes



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  • sgupta33
    01-10 01:38 PM
    ^^^^^^^^





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  • elaiyam
    06-29 08:11 PM
    Murthy's Flash News

    http://www.murthy.com/nflash/nf_062907.html

    We have received news from the American Immigration Lawyers Association (AILA) that they have reliable information that the July Visa Bulletin will be revised on Monday, July 2nd, or Tuesday, July 3rd. This Visa Bulletin is expected to retrogress many of the categories that were announced as being "Current" for July. It is expected that at least some of the categories will become completely "unavailable." The reason for this is that the USCIS apparently engaged in extraordinary efforts to approve cases in June, once there was some forward movement of the Visa Bulletin. They did this to try to avoid the tide of cases expected in July. Each green card approval uses one visa number. If the numbers are all used for the year, then the DOS will issue a revised Visa Bulletin reflecting "unavailable" in the particular category or categories.

    more at
    http://www.murthy.com/nflash/nf_062907.html



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  • gc_chahiye
    06-26 01:45 PM
    Folks,

    This is the best I have come across :

    husband files for himself - I 485
    Wife files for herself - I 485

    If one of the apps are approved, the other can Join.

    No risks....

    yes, this sames to be the safest option. only catch seems to be:
    - if you are on EAD, then you how do you join? your EAD is based off your I485, which u are presumably abandoning so you can join the other application.





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  • pappu
    11-06 03:28 PM
    Check this:
    http://www.bibdaily.com/pdfs/Liang%2010-30-07.pdf

    Defendants assert that the background check is a complex
    process that must accommodate an extremely large volume of requests
    from the USCIS. Given the backlog of name-check requests and the
    FBI�s limited resources, they maintain that the delay of two and a
    half years in processing Mr. Liang�s background check is not
    unreasonable. There is some validity to these points, and the
    Court appreciates that the name-check process is indeed complex and
    resource-intensive. But limited resources or not, a common-sense
    rule of reason dictates that if the FBI was performing background
    checks with due diligence, it would not take two and a half years
    to process Mr. Liang�s name. While the Court is sympathetic to the
    demands placed on the FBI and the limited ability of the USCIS to
    control how the FBI allocates its resources, a lack of sufficient
    resources devoted to name-check operations is a matter for the
    agencies to take up between themselves or with Congress. The
    executive branch must decide for itself how best to meet its
    statutory duties; this Court can only decide whether or not those
    duties have been met.
    See Dong, 2007 WL 2601107 at *11 (�[I]t is
    not the place of the judicial branch to weigh a plaintiff�s clear
    right to administrative action against the agency�s burdens in
    complying.�).
    Moreover, although there is no Congressionally mandated
    timetable for the processing of I-485 applications, Congress has by
    statute expressed its view of what a reasonable amount of time is:
    �It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days
    after the initial filing of the application.� 8 U.S.C. � 1571.
    The Court recognizes that this statute was enacted prior to the
    events of September 11, 2001, and that the burdens on agencies with
    responsibility for immigration matters have since increased.
    Nonetheless, Plaintiffs� applications have been pending for five
    times the length of the period identified by Congress.
    Defendants argue that expediting Mr. Liang�s name check will
    prejudice other applicants who have been waiting longer than he -in some cases, since as long as December, 2002.
    While this would
    be unfortunate, Defendants� failure to fulfill their statutory duty
    to other applicants has no bearing on whether they have fulfilled
    their statutory duty to Plaintiffs, and thus cannot serve as a
    basis for denying Plaintiffs� motion.
    While Defendants worry that
    granting Plaintiffs relief may reward �the more litigious
    applicants� or encourage other applicants to file lawsuits,
    �perhaps recognizing this possibility will provide the defendants
    with adequate incentive to begin processing [I-485] applications in
    a lawful and timely fashion in order to obviate the applicants�
    need to resort to the courts for redress.� Dong, 2007 WL 2601107
    at *12.



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  • CADude
    09-28 04:32 PM
    Please keep on contacting your congress rep/senator and others. Today FAQ is also out from USCIS. I think, USCIS is started getting some heat and pressure is working. keep it up. :)





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  • nrk
    08-17 02:05 PM
    congrats.....


    Your Case Status: Decision

    On August 17, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.


    During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.

    Case Status changed to Decision..with the above message today.

    After 2 failed marriages (i mean with 2 different companies)...some risk-taking ..coz, i left my second employer after crossing 200 days since filing I-485 , Used EAD and took up full-time employment with an awesome organization , and then later 2nd employer revoking I-140 that lead to an RFE ...and USCIS keeping the status Response received since Jan 2009 ...and now this ...after opening an SR on 08/10..Looks like it took an exact week since the SR was created.

    Of course, my roller-coaster was a small one compared to the rest of the friends in this forum.. Good luck to all and thanks to one and everyone.

    Cheers..



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  • godbless
    01-21 01:56 AM
    I had both a valid visa stamped on my passport and AP. But my wife did not have a stamped visa so I showed her AP and my h1. The immigration inspector said that you both have to use AP to enter. I argued with him a little that I can use my h1 when it is valid but he did not agree and said that I am trying to do a fraud. Well I did not argue much and let him stamp my I 94 with a parole stamp till 01/26/2007. I have now filed for my extension.





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  • yestogc
    08-27 12:37 PM
    5000 minutes Limit, I did not know that ................... where does it say in fine print, do you have any link for same.

    Thanks a lot for alerting everyone ...........



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  • BharatPremi
    03-25 01:18 PM
    I got this from a reqruiter


    I responded to her that I have EAD and she never got back

    Mark's previous suggestion works fine in such scenarios. Do not mention the word "EAD" before hand.Do not mention H1 even. Do not try to even discuss EAD/H1 etc... As long as requirement allows Green card and where ever it is required for you to mention work status, jot down " Elligible to work for any US employer in USA". That would work. After interview, if they select submit EAD as a proof. At that moment they will not be able to deny that as a work status proof.

    Note: Other thing I experienced is using the word "Work Permit" in place
    of "EAD" makes things easy for everybody.





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  • FUNTIMES
    06-22 11:13 AM
    I am in the same situation. Details Below.

    Me: EB2(10/2006) Pending I-140
    Wife: EB3(04/2002 SUBSTITUTION) Pending I-140

    Reply from My Lawyer.

    "Many people are in your scenario.
    There are many ways to do this. Each one being a little more expensive then others.

    What can be done:

    Your wife files as primary and you secondary on her 140.
    You file as primary and her secondary on your 140.

    Option #2
    You file alone on your 140
    She files alone on her 140.

    Somehow if the dates should move backwards and her 140 on labor substitution should get denied (you never know with labor sub); then for her to file on your 140 the date has to be current or she canʼt file until it becomes current.

    You and her just file on her 140. Problem is if the 140 gets denied then the window of opportunity to file the 485 again may not be for a couple of years.

    You and her just file on your 140. Problem is that it may take a long time for you to eventually get the greencard approved.

    If you want to be safe and want to spend more money then she would file as primary on her 140 and you as dependent. Then at same time we would file you as primary on your 140 and her as dependent on your 140.

    Reply from Wife's Lawyer(Murthy):

    "It is not possible for you to be her derivative as well as your own primary, and vice versa. It would require the filing of 2 I-485s and this causes nothing but confusion on the part of the USCIS. You have 2 choices. You could pick a case that you are going to proceed under, most likely the one with the earliest priority date, so long as there is confidence that the I-140 will be approved. Or, you can hedge your bets by each filing as your own primary because if one of the cases falls into a problem, the person can switch to be a derivative, but could run into a problem if there were not current priority dates at the time. But, so long as your both remain in H-1B status, and not use EAD/AP, that is minimized"



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  • InTheMoment
    10-06 01:31 AM
    caliguy,

    The final option 4 that you press is correct. Sometimes you can get an IIO that is not happy to give status info (and it is a good idea that the status word is not mentioned by the caller...it kind of hurts their ego! for the reason below)

    Remember reaching the Service Center directly (thro this "POJ" method) puts you in touch with not a CSR but an actual Immigration Information Officer (these at the Service Centers are positions that are rotated, they usually also do simple cases at other times like I-765, I-131 etc.) They have full access to all databases and systems that a Adjudication Officer handling you file has, unlike the regular contractor non-POJ CSR's.


    @ fatjoe

    Well, I dont think politeness works with USCIS, but do we really have a choice?

    Yes, lets write to Secretary Napolitino. I will also send a copy of the letter to the first lady. I am not sure what else we can do besides that.

    Once I get the sequence to call TSC using the POJ method, I will try calling them tomorrow.





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  • piyushpan
    01-05 12:40 PM
    Hi,
    This thread (forum as well)seems to be really enthusiatic abt the immigration reforms.
    Keep it up! I am a new member to this forum who had been passively following the S1932 disaster on immigration.com forums.

    Hopefully things may look better with the new bill sponsored by Arlen Specter.
    The bill looks good but how do we know that it is this bill which will be discussed and not the other bills sponsored by senator hagel,mccain etc..
    Question is even though this bill seems to be a consolidated effort of all the previous bills how can we be sure if this is the bill which will be discussed as part of immigration reforms in feb?
    Also this does not have any clause for applying for I-485 before cut off date?
    So the people who benefit through this bill are probably the Masters/Phd who can automatically adjust their status and the people who have not even applied for a GC ( since no labor cert required).

    But for people who are stuck at their 1-140 waiting to apply for I-485 the only thing this bill helps is increasing the EB quota.
    I am a EB-2 applicant (masters) and would strongly support this bill but i don't see how it helps EB-3 applicants as much unless we have the clause for applying for I-485 before cut off date.



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  • fatjoe
    10-27 09:57 AM
    Merely congratulating you may not be enough, I guess. However, congratulations from the bottom of my heart.
    Your numbers seem to be record breaking. Very well written post too.





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  • newuser
    10-28 04:08 PM
    Did e-mail already as per the intial thread. Will mail the letters soon.





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  • nish
    07-07 09:22 AM
    L1Fraud,

    Any update on this?





    bkn96
    11-17 10:34 AM
    How is response to MTRs sofar. Are they encouraging? What happens if MTR not approved what are the options?





    Khujaokutta
    03-10 07:08 PM
    Sure....lets MARCH....(did not mean the current month)......I am also willing to sign....aage badooo.......:D....dum lagake....haiyaaaa....



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