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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 12-10-2009, 07:27 PM
Senior Member
Priority Date
:
Nov-06
Category
:
EB2
I140 Mailed Date
:
01/05/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/02/2007
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Join Date: Dec 2006
Posts: 125
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Unhappy USCIS sent my I-485 to Appeal office!!

This is strange and I don't know if anyone has come across this situation. My I-140 is under appeal process from last 5 months and today I got this update on my I-485 that "my case has been sent to ADMIN APPEALS OFFICE location for processing ". There is no update in I-140 or I-290B forms date online. Does anyone come across same situation then please share with us.

Thanks
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  #2 (permalink)  
Old 12-11-2009, 12:57 PM
Senior Member
Priority Date
:
Nov-04
Category
:
EB2
I140 Mailed Date
:
04/20/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
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Join Date: May 2006
Posts: 137
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It is common. Your 485 is based on the denied I140. If the I140 is appealed then the 485 will also be tranferred to the Appeals Office. That does not mean you I485 is denied. It is
still under process and you can apply EAD and AP as well.

I am saying this with my own experience. Hope this helps
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  #3 (permalink)  
Old 12-11-2009, 01:51 PM
Senior Member
Priority Date
:
Feb-10
Category
:
EB2
I140 Mailed Date
:
03/17/2011
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Oct 2008
Posts: 466
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When 140 is denied, then 485 is also denied. Appeal going to AAO is common thing. Will sit there forever. Its takes approximately 12-20 months to get a reply.
Mine is already crossed 12 months now.

Hope this helps.
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  #4 (permalink)  
Old 12-11-2009, 02:05 PM
Senior Member
Priority Date
:
Nov-06
Category
:
EB2
I140 Mailed Date
:
01/05/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Dec 2006
Posts: 125
IneedAllGreen has a spectacular aura about IneedAllGreen has a spectacular aura about
Default Processing time for Appeal for I-485 is Current.

Whereas appeal to I-140 is 21 month delay so I assume that I-140 will take its own sweet time. But What about appeal to I-485 which is current. Am I going to get any response on I-485 appeal process soon?? Anyway thanks for sharing your experience with me.



Quote:
Originally Posted by sac-r-ten View Post
When 140 is denied, then 485 is also denied. Appeal going to AAO is common thing. Will sit there forever. Its takes approximately 12-20 months to get a reply.
Mine is already crossed 12 months now.

Hope this helps.
__________________
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INeedAllGreens
(I am neither a lawyer nor I am pretending to be. Above are my personal views or opinions. Use it at your own risk and consult actual lawyer for your issues and concern related to immigration
)
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