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USCIS Background Checks Can Cause Processing Delays The USCIS performs background checks, of various complexity, on every petition or application filed. These background checks seek to bolster not only national security, but to ensure the integrity of admitted foreign nationals. There are three “top level” checks most commonly used by the USCIS. These three are the FBI fingerprint check, the FBI name check (both of which compare a beneficiary or applicant to FBI records), and the IBIS name check which compares a beneficiary or applicant to several other databases. If any enlisted “first level” check reveals ambiguity about the identity of the subject, processing can be delayed. Such a delay is not an indication that a given filing will be denied; it most frequently only causes minor slowdowns in case processing. Given the sheer magnitude of the USCIS’ workload, such delays are an inevitable byproduct of case processing. These delays are but one possible explanation for overdue processing. While not every delay can be attributed to background checks, this recent publication gives a bit of insight to the USCIS process. Rescheduling Indian Consulate Interview Appointments Online On October 5, 2006, David C. Mulford, U.S. Ambassador to India, delivered a statement regarding the state of visa processing at the Consulate in India. Ambassador Mulford stated that in light of the U.S. Embassy in India’s commitment to reducing the waiting time for a visa appointment, people who already have a visa appointment may visit the Embassy’s appointments website at http://www.vfs-usa.co.in to advance the schedule of their appointment. The website gives the following information regarding rescheduling appointments: § You can reschedule your appointment only ONCE. If you wish to reschedule a second time, you will need to first cancel the existing appointment and then schedule a new appointment. § You cannot reschedule your interview appointment to an earlier date unless rescheduling to a priority appointment. If you wish to reschedule to an earlier date you will have to cancel the existing appointment and schedule a new appointment after reentering all the information again. § If you wish to cancel your appointment, you can cancel a maximum of three times. After your third cancellation, your receipt will be deactivated for 90 calendar days. You will not be able to take a subsequent appointment during that period. § You must appear for an interview within 1 year (365 days) from the date you purchased your fee receipt from HDFC Bank. If you do not appear for an interview within 1 year after the purchase of your fee receipt, it will no longer be valid. § You can reschedule or cancel an appointment up to 2 working days before the date of the interview (5 working days where the interview has been scheduled in Mumbai). The Embassy has appointment openings
available in the near term at all Consulates (in Calcutta,
Chennai, and Mumbai). Regular visa interview dates in
regional languages, however, are unavailable, and the
availability of visa appointment dates is still
unpredictable. Those with an immediate need for travel
should plan early and take advantage of the current
availability of visa interview slots. November 2006 Visa Bulletin: Good Progress Almost Across the Board; Special Schedule A Quota Will Be Met Soon
VISANOW has been very pleased to see fairly good movement
across the board for all employment-based categories despite
announcements in prior Visa Bulletins that progress would
slow down significantly. This month, the U.S. Department of
State (DOS) notes that demand for immigrant visa numbers
from the USCIS has not been as heavy as anticipated. Still,
the DOS warns that retrogression is still possible as the
dates advance and the number of potential applicants
increases.
Retention of an Older Priority Date through Multiple I-140 Applications There is some good news for those employers, and their employees, who wish to recapture an earlier priority date when filing a subsequent labor certification under a different Employment Based category. If an employer files a labor certification application on behalf of an employee that falls in the EB-3 category and later files a labor certification application that falls in the EB-2 category, it is still possible to retain the priority date of the older application. If the older labor certification application is approved first, the employer will then file Form I-140 on the employee’s behalf. When the I-140 is approved, it sets the employee’s priority date and EB classification. If another labor certification application is then filed and approved, even if it is in the EB-2 category, the employee will still be able to request the priority date of the previous I-140 application. The employer must file a second I-140 on behalf of the employee requesting retention of the earlier priority date. It is important to note that you must have the first I-140 approved, before filing for a second I-140 and requesting the older priority date.
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