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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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  #1 (permalink)  
Old 09-25-2009, 05:10 PM
Junior Member
Priority Date
:
Jan-05
Category
:
EB2
I140 Mailed Date
:
07/02/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
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Join Date: Aug 2008
Posts: 23
inderman is on a distinguished road
Default ON HOLD Until the background investigation is complete!!!

This is the response from NSC for a Service Request i created to see if my case is preadjudicated...

The status of this service request is:

The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.

Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If you do not receive a decision or other notice of action from us within 6 months of this letter, please contact us by calling our customer service number provided below.

Tried Infopass, the office says my case is doing fine (No further explanations and i really don't know what this response means!)

Tried talking to NSC, they tell me to check back after 4-5 months... NSC reviews all cases from time to time, No issues with name check as such...

Why is it sooo difficult to get an one correct status from all these channels ???
Why does everything have to contradict each other?
Any one else on the same boat?
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  #2 (permalink)  
Old 10-06-2009, 01:24 AM
Junior Member
Priority Date
:
Jan-05
Category
:
EB2
I140 Mailed Date
:
07/02/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
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Join Date: Aug 2008
Posts: 23
inderman is on a distinguished road
Exclamation Please let me know...

Could any of the senior members advise as to what can be done for situations like this?

1. How many applications get struck in background investigation? (NOT FBI name check, NOT background check)

2. What steps can be taken to address issues with background investigation?

3. Are there any memos that address delays with this step?

Thanks for your help...
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  #3 (permalink)  
Old 10-06-2009, 09:38 AM
Banned
Priority Date
:
Dec-05
Category
:
EB3
I140 Mailed Date
:
12/05/2006
Chargeability
:
Poland
Processing Stage
:
I-485
I485 Mailed Date
:
06/31/2007
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Join Date: Jan 2006
Posts: 683
glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future
Default same thing happened to me

Hello,
Few years back, when I was changing status to H-1B from F1, my H1b petition was delayed a lot and was behind the processing times by 3 months. We opened a service request, and I received a letter with exactly the same "investigation" wording. I was scared to death. My attorney suggested we upgrade to premium processing. Guess what? My approval came 3 days after we upgraded to premium processing, no RFE, just straight approval. So, my attorney just laughed and said she doubted they ever had any investigation opened..... No problems since then on any of my applications.

I hope this helps.
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