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EB1C - Nebraska Service Center

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Posted by prevede (65) 19 Apr 2018#11176
Can we apply EB1 being on H1B ? if yes pls let me know what are the conditions. kindly help. Have 12 years of experience.
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Posted by OzNl (66) 19 Apr 2018#11177
to prevede:

Yes, depends. You have been posting a lot of messages in the last couple of days to all the different fora. We are all trying to help each other but your questions cannot be answered if you don't lay out your work history. I would advise that you talk to a good immigration lawyer. EB1C is not an easy path for H1B applicant. Or anyone for that matter.
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Posted by getgc2018 (1) 20 Apr 2018#11178
to getcard:

Congrats getcard.
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Posted by letsfly (44) 21 Apr 2018#11179
Hi all,

It's great to hear many guys got green. Congratulations!

My case is EB1C @NSC, PP: Feb 2016. "Name was updated" in March 2017, still same status. I have tried many times of InfoPass, e-inquiry, congressman letter... nothing helpful....

Can you guys give me some suggestion? Thanks a lot.
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Posted by OzNl (66) 21 Apr 2018#11180
to letsfly:

This is what I could find, it looks like there is nothing you can do except for wait:

Anytime someone applies for an immigration benefit (like a green card or naturalization), USCIS has to work with various international agencies to check the applicant’s criminal history and to make sure that the applicant doesn’t post a threat to our national security. This includes the FBI, Interpol, various military agencies, etc. USCIS has absolutely no control when those agencies report back to them and they cannot move your case along until those background checks come back clear.

It’s extremely frustrating when there’s been a “hit” of some sort on your name. This hit may have absolutely nothing to do with you. But, if there’s someone of interest who has a similar name, date of birth, grew up in the same area, etc., it can delay your case by months – if not years.

There may be the option to use USCIS to force them to make a decision on your case (called a Writ of Mandamus), but the federal courts may allow USCIS to continue to delay a decision in your case in the name of national security, or if USCIS is compelled to make a decision, they will deny your case because they do not have all the necessary information they feel that they need in order to approve the case.

Unless and until all of the different agencies report back and tell USCIS that you are not a threat, USCIS will not allow your case to move forward for an interview. They certainly they won’t approve a case without your background checks come back clear.
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Posted by izhar109 (121) 21 Apr 2018#11181
to letsfly:

Please try reaching out to Ombudsman as well if you have not already tried that forum.
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Posted by letsfly (44) 22 Apr 2018#11182
to OzNl:

Thank you for your kind response!

In March 2018, I made an InfoPass. The officer told me the case status is "pending", then I asked him how about the background check, he told me it's finished.

At almost same time, the congressman office forwarded an email from USCIS, they said my case is still in background check.

I have three questions:
1, Which information I can believe?
2, I think the background check is needed in the period of I-485, but I have not sent I-485, only I-140, why do they need a background check?
3, If they need to check, I have not gotten an appointment for fingerprints, what can they check without my fingerprints?
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Posted by letsfly (44) 22 Apr 2018#11183
to izhar109:

How can I do? Send an email or write a letter? Anybody tried it?
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Posted by izhar109 (121) 22 Apr 2018#11184
to letsfly:

I tried it for my EAD/parole documents, the response was very quick from the Ombudsman office. Also, with 2-3 days of submitting the request, USCIS updated my case. You may apply online at https://cisomb.dhs.gov/oca/form7001.aspx. Please do mention the hardship you are facing because of delays. You will need scanned copies of your application and latest status on your case. In case you need to read up a little more on how the Ombudsman office works, you can read it here https://www.dhs.gov/case-assistance.
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Posted by OzNl (66) 20 hours 55 minutes ago#11185
to letsfly:

I think that izhar109 has a really good comment. Follow his advice, and hopefully, you will come out on top.

It could be as simple as your name is flagged because of similarity with a banned person or they lost your application and they come up with an excuse. There is no way for me to tell you what is true.
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Posted by letsfly (44) 16 hours 56 minutes ago#11186
to izhar109:

Thank you very much.
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Posted by letsfly (44) 16 hours 55 minutes ago#11187
to OzNl:

Thank you very much.
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