Letter from USCIS, is my name check cleared ?

[AGC4ME]

I initiated an enquiry over the phone regarding my pending AOS. It was filed in March 2004 and was stuck in Namecheck.

I received a response yesterday and the letter goes as follows
"The status of this service request is"

Processing on your application is dependent upon the availability of a 3rd preference employment based Visa. When your priority date becomes current your application will be assigned to an Officer for review. You are invited to visit the Department of State website, www.travel.state.gov, where you may keep abreast of any developments regarding your classification of Visas."

My previous query about 4 months back resulted in a letter that said my application was pending background checks. This letter is a little different. Does that mean I'm out of the namecheck hell ?

 

[indian_gc_ocean]

I initiated an enquiry over the phone regarding my pending AOS. It was filed in March 2004 and was stuck in Namecheck.

I received a response yesterday and the letter goes as follows
"The status of this service request is"

Processing on your application is dependent upon the availability of a 3rd preference employment based Visa. When your priority date becomes current your application will be assigned to an Officer for review. You are invited to visit the Department of State website, www.travel.state.gov, where you may keep abreast of any developments regarding your classification of Visas."

My previous query about 4 months back resulted in a letter that said my application was pending background checks. This letter is a little different. Does that mean I'm out of the namecheck hell ?

Is your PD current ?. If not, it generally means that USCIS does not entertain NC enquiries when ones PD is not current. This was what happened for many India EB2 last April/May, many guys did not get any response for NC enquiries until their PDs became current but by that time a real enquiry could be launched, all the 2006 India eb2 visas were consumed.

Even contacting FBI regarding name check does not seem to have any effect if PD is not current.