FOIPA response

[nj_skm]

I sent a FOIPA request to the FBI which they received on Jan 3rd.

I got the response back last week, around 19th or 20th Jan.

Obviously my record (and my wife's) is clean.

However, the FBI sent an attachment which went onto explain that the clean chit that I got from the FBI doesn't mean anything if a namecheck is pending for me.

Looks like they've wisened up with respect to immigrants sending FIOPA requests to help with their namechecks.

nj_skm

 

[indian_gc_ocean]

I sent a FOIPA request to the FBI which they received on Jan 3rd.

I got the response back last week, around 19th or 20th Jan.

Obviously my record (and my wife's) is clean.

However, the FBI sent an attachment which went onto explain that the clean chit that I got from the FBI doesn't mean anything if a namecheck is pending for me.

Looks like they've wisened up with respect to immigrants sending FIOPA requests to help with their namechecks.

nj_skm

Probably in future they would say that this report cannot be used if a law suit is filed.

If you observe the eb2 approvals you see that last year they approved all '02 PDs before Sept 13 '05 RDs without any name check issues. I see that most of the guys who filed after 9/13/05 (the day uscis announced eb2 retrogression) still stuck in the name check. This is what makes me doubt if this is a cutoff date management.

Anyway, for those who are not skeptical like me this is what FBI has to say

http://www.fbi.gov/hq/nationalnamecheck.htm

Freedom of Information and Privacy Act (FOIPA) vs. Name Check: Freedom of Information and Privacy Acts (FOIPA) requests are sometimes confused with name check requests. FOIPA provides copies of FBI files relevant to a specific FOIPA request. For FOIPA, the FBI search uses the name or information as provided in the FOIPA request. A FOIPA search determines whether there is an investigative file associated with an individual—a “main file” search. For a name check, “main files” and “reference files” are both checked, in addition to searching a name in a multitude of combinations.

 

[bigbang2001]

Sounds reasonable. If you look at DBEC and PBEC forums, the pace of labor approvals has quickened. They should be soon done with RIR and start on Non RIR. So USCIS may well wait and then decide who to approve and where to draw line. If one is from India, the name check is another filtering tool used to slow down the Visa allocation so USCIS closes the year without going Unavailable.

Probably in future they would say that this report cannot be used if a law suit is filed.

If you observe the eb2 approvals you see that last year they approved all '02 PDs before Sept 13 '05 RDs without any name check issues. I see that most of the guys who filed after 9/13/05 (the day uscis announced eb2 retrogression) still stuck in the name check. This is what makes me doubt if this is a cutoff date management.

Anyway, for those who are not skeptical like me this is what FBI has to say

http://www.fbi.gov/hq/nationalnamecheck.htm

Freedom of Information and Privacy Act (FOIPA) vs. Name Check: Freedom of Information and Privacy Acts (FOIPA) requests are sometimes confused with name check requests. FOIPA provides copies of FBI files relevant to a specific FOIPA request. For FOIPA, the FBI search uses the name or information as provided in the FOIPA request. A FOIPA search determines whether there is an investigative file associated with an individual—a “main file” search. For a name check, “main files” and “reference files” are both checked, in addition to searching a name in a multitude of combinations.

 

[indian_gc_ocean]

Sounds reasonable. If you look at DBEC and PBEC forums, the pace of labor approvals has quickened. They should be soon done with RIR and start on Non RIR. So USCIS may well wait and then decide who to approve and where to draw line. If one is from India, the name check is another filtering tool used to slow down the Visa allocation so USCIS closes the year without going Unavailable.

May be waiting for the non-RIR or not it is not clear. Certainly they seem busy doing their background checks(trying to find all the kiss a**s who joined companies 10 years back and still living and hoping). Its a pity that not one out of few hundreds in the '02 PD & '05/'06 RDs tracker are cleared. The wait might go on until the April/May or until freaking '08.

 

[bigbang2001]

I did find someone with user id "schmooze",. He had 09/02 EB-2 India, 485 RD 09 or 10/06. Got approval in December 06. Look back at NSC consolidated tracker and you may find him.

Yet again the numbers of people registered here and in the range you specified and got approvals is very less.

May be waiting for the non-RIR or not it is not clear. Certainly they seem busy doing their background checks(trying to find all the kiss a**s who joined companies 10 years back and still living and hoping). Its a pity that not one out of few hundreds in the '02 PD & '05/'06 RDs tracker are cleared. The wait might go on until the April/May or until freaking '08.

 

[indian_gc_ocean]

I did find someone with user id "schmooze",. He had 09/02 EB-2 India, 485 RD 09 or 10/06. Got approval in December 06. Look back at NSC consolidated tracker and you may find him.

Yet again the numbers of people registered here and in the range you specified and got approvals is very less.

Thats right, the majority hasn't moved anywhere. There are few people who moved from CSC-TSC and got approved in May '06 even though their RD was after Sept 13th '05. But again, that time the service centers did not act like they were having quota. Must have been the hangover after being current for a long time. The point is however, looking at the pace approvals in the past, fewer people were stuck in name check when more visa numbers were available.