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FBI namecheck delays and Writ of Mandamus Delays in FBI namecheck during 485 processing and legal options of filing Writ of Mandamus in court to get namecheck cleared.

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  #16 (permalink)  
Old 02-26-2008, 05:49 PM
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lkapildev is infamous around these parts lkapildev is infamous around these parts
Default You canot interepret anuthing from NC

NC is kind of not that critical now, there is a thread on this forum that NC is not required after 180 days of filing. All of us have applied our application and 180 days passed.

Even your PD is current, EB3, NC cLEARED And USCIS says their processing date is ahead of your filing date. Sometimes they refer you actual receipt date as processing date not the date when you send the application.

The best for you to take a Infopass appointment or else call USCIS again and tell your facts.

One thing in USCIS dictionary is they donot follow what they say, you chances are slick to force them to work on your file.

Also some thread was predicting that EB3 will Retogress further in April VB, so better hurry up and gather your data for just peace of mind.

EB2 sucked up for entire year, the great IO's did all homework over night and cleared all Eb2 for entire year in a month. The efficency went from -ve to 100% the pattern is un-predctable. People still with old PD are hangingout here and few lucky chaps with recent PD got their GC on hand.
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  #17 (permalink)  
Old 02-27-2008, 12:22 PM
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manderson is just really nice manderson is just really nice manderson is just really nice manderson is just really nice
Default demand letter idea

Hey p_kumar, I don't know if this is going to help you but I think I am pretty much on the same boat...

I spoke to an IO this morning and found out my NC has cleared and waiting to be assigned to an officer. Both my NSC ND (10/12/07) and PD (EB3-ROW 3/13/06) is not current so I asked her what happens when the case does go to an officer (ND gets current I guess) but PD is not current. She said they won't be able to pre-adjudicate or do anything until PD becomes current. Of course, this is contrary to some of the pre-adjudication theories I have read before (that PD doesn't need to be current in order to do it), so I am not quite sure. Will ask my lawyer when that happens.

And if by some very remote chance, EB3-ROW gets current in next coupl of months while the case is waiting to be assigned to an IO (and if that does, suffice to say the window of opportunity will be very short) I will take an Infopass appointment and ask my lawyer to send a demand letter* if appropriate. Other than that I am out of ideas.

*I was reading about the recent 485 adjudication if NC>180 policy, and read somewhere (sorry can't remember source) that if your PD is current and you qualify for adjudication under the new policy, you can force the USCIS to act by sending a "demand letter". It sounds plausible to me, but not sure if it will actually work - worth a try though.



Quote:
Originally Posted by p_kumar View Post
Just called iio and she said my Name check has been cleared and my case is waiting to be assigned to an officer.my pd is oct 2003, EB3. Whats the next step?. is it just waiting for the PD to be current?. How long does it take for the officer to preapprove my case?.

Any comments will be much appreciated. thanks

Last edited by manderson; 02-27-2008 at 12:30 PM.
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  #18 (permalink)  
Old 02-27-2008, 03:10 PM
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cchaitu is on a distinguished road
Default Calling USCIS about name check

Quote:
Originally Posted by manderson View Post
Hey p_kumar, I don't know if this is going to help you but I think I am pretty much on the same boat...

I spoke to an IO this morning and found out my NC has cleared and waiting to be assigned to an officer. Both my NSC ND (10/12/07) and PD (EB3-ROW 3/13/06) is not current so I asked her what happens when the case does go to an officer (ND gets current I guess) but PD is not current. She said they won't be able to pre-adjudicate or do anything until PD becomes current. Of course, this is contrary to some of the pre-adjudication theories I have read before (that PD doesn't need to be current in order to do it), so I am not quite sure. Will ask my lawyer when that happens.

And if by some very remote chance, EB3-ROW gets current in next coupl of months while the case is waiting to be assigned to an IO (and if that does, suffice to say the window of opportunity will be very short) I will take an Infopass appointment and ask my lawyer to send a demand letter* if appropriate. Other than that I am out of ideas.

*I was reading about the recent 485 adjudication if NC>180 policy, and read somewhere (sorry can't remember source) that if your PD is current and you qualify for adjudication under the new policy, you can force the USCIS to act by sending a "demand letter". It sounds plausible to me, but not sure if it will actually work - worth a try though.
Hi Manderson...

Did you use the same sequence that was posted in previous page

( Just call 18003755283

1
2
2
6
1
enter receipt number
1
1
keep listening to updates on case
3
4 )
I tried to call using the same sequence, but I was not sure at option 3 (second option from the bottom) - I think the voice promt says, select '3' if you have any problems with your case...

Did you select the same option OR something else...

Please help.... Thanks in Advance
__________________
Made one time $100 Contribution
PD: Feb 2006
I 140: Approved Oct 2006
I 485: Receipt Dt: July 10(All receipts received)
EAD: SEP19
AP: OCT 1
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  #19 (permalink)  
Old 02-27-2008, 03:50 PM
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manderson is just really nice manderson is just really nice manderson is just really nice manderson is just really nice
Default

Quote:
Originally Posted by cchaitu View Post
Hi Manderson...

Did you use the same sequence that was posted in previous page

( Just call 18003755283

1
2
2
6
1
enter receipt number
1
1
keep listening to updates on case
3
4 )
I tried to call using the same sequence, but I was not sure at option 3 (second option from the bottom) - I think the voice promt says, select '3' if you have any problems with your case...

Did you select the same option OR something else...

Please help.... Thanks in Advance
Yes exactly that sequence. I called around 9.30AM this morning (usually less hold-time then). Didn't even wait to more than 10 seconds after pressing 4! Got connected to a very courteous IO right away.
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  #20 (permalink)  
Old 02-27-2008, 06:30 PM
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pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute
Default

Quote:
Originally Posted by manderson View Post
Hey p_kumar, I don't know if this is going to help you but I think I am pretty much on the same boat...

I spoke to an IO this morning and found out my NC has cleared and waiting to be assigned to an officer. Both my NSC ND (10/12/07) and PD (EB3-ROW 3/13/06) is not current so I asked her what happens when the case does go to an officer (ND gets current I guess) but PD is not current. She said they won't be able to pre-adjudicate or do anything until PD becomes current. Of course, this is contrary to some of the pre-adjudication theories I have read before (that PD doesn't need to be current in order to do it), so I am not quite sure. Will ask my lawyer when that happens.

And if by some very remote chance, EB3-ROW gets current in next coupl of months while the case is waiting to be assigned to an IO (and if that does, suffice to say the window of opportunity will be very short) I will take an Infopass appointment and ask my lawyer to send a demand letter* if appropriate. Other than that I am out of ideas.

*I was reading about the recent 485 adjudication if NC>180 policy, and read somewhere (sorry can't remember source) that if your PD is current and you qualify for adjudication under the new policy, you can force the USCIS to act by sending a "demand letter". It sounds plausible to me, but not sure if it will actually work - worth a try though.
No need to worry about NC because you really cannot do much after USCIS has issued a memo to help all namecheck victims. If your date is current and you were stuck in namecheck, the application will be cleared by March 30.
It seems that there are about 10 thousand applications that are pending namechecks in the current I485s. Another 15 thousand may become available to qualify in the coming months. So its wait and watch for everyone to see how priority dates move and if you get current, how processing dates are effected due to the workload of namechecks.
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  #21 (permalink)  
Old 02-27-2008, 07:00 PM
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Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future
Default

Quote:
Originally Posted by pappu View Post
It seems that there are about 10 thousand applications that are pending namechecks in the current I485s. Another 15 thousand may become available to qualify in the coming months.
Pappu, what is the source for this information? 10K and 15K? The USCIS memo mentioned 47K and it is entirely possible that was FB+EB AOS cases.
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  #22 (permalink)  
Old 02-27-2008, 07:28 PM
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whatsupwithgc is on a distinguished road
Default 10K only!!

URL http://immigration-information.com/f...ead.php?t=4398 found in immigration portal.

Quote:
Originally Posted by Googler View Post
Pappu, what is the source for this information? 10K and 15K? The USCIS memo mentioned 47K and it is entirely possible that was FB+EB AOS cases.
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  #23 (permalink)  
Old 02-27-2008, 07:34 PM
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Default

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Originally Posted by whatsupwithgc View Post
Thanks whatsup. Of course Gotcher goes on to say in a post later in the same thread http://immigration-information.com/f...43&postcount=3

"Having said that, I am a bit confused by the numbers they keep revising. Initially, they said that there were "about 54,000" cases that were eligible for approval. Now, that is an unusual number for an estimate. Why not "about 55,000" or "about 50,000"? Using the phrase "about 54,000" suggested that they were rounding up or down to the nearest thousand.

Next, they revised the number down to 47,000.

Now, they are telling us that the number is 10,000 presently pending, with maybe as many as 15,000 that could become eligible shortly.

What happened to 54,000? What happened to 47,000? Why has the number dropped down to 10,000? Don't they know how many cases they have in their system? Or, is it simply that they know how many they can process and they want to assert new excuses for their failure to process the remaining 37,000 or 47,000 cases they originally counted?

Bottom line, how can you tell when the CIS is telling you a lie? They say something."
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