ISD Update : July 25, 2002 The MurthyBulletin and MurthyDotCom periodically publish updates from teleconferences between the American Immigration Lawyers Association (AILA) liaison committees and various divisions and offices of INS. This report comes from a teleconference with the Information Services Division (ISD) at INS' Washington D.C. Headquarters on July 25, 2002. IBIS Security Checks The validity period of the IBIS clearance is thirty-five days. This is not expected to change. ISD is making efforts to improve access to IBIS clearance information. Although not stated, presumably if a case were approved before the expiration of the IBIS clearance, a new clearance would be needed. It therefore appears that the IBIS is performed only when INS is ready to issue its decision on the case. Premium Processing for RFEs ISD confirmed that, if a case is filed under premium processing and the INS issues a Request for Evidence (RFE), the INS policy is to process the case within 15 days of receiving the RFE response. This means that, although the case will ultimately take more than the 15-day premium-processing period, it will be handled on an expedited basis throughout the case. At The Law Office of Sheela Murthy, our most recent experience with a case of this type resulted in its gaining an approval approximately one week after the INS received the response to the RFE. H-1 / LCA Errors in Tax ID Number ISD advises that, should an employer / petitioner discover that an incorrect Federal Tax ID number was used on Labor Condition Application (LCA) and H-1 Filings that have been approved, then a new LCA and H-1 filing is required. The reasoning is that the Department of Labor (DOL) would require a new LCA in this circumstance and the INS policy is to require a new H-1 petition when there is a new, underlying LCA. Since the petition may be filed as an H1B amendment, the employer in that case would not have to pay the $1,000 training fee again. The standard filing fee of $130 would be needed, however. While mistakes can happen, it is best to double check and closely proofread all information contained on INS forms in order to avoid the inconvenience, time, and expense of re-filing an H1B amendment. © The Law Office of Sheela Murthy, P.C.
	Disclaimer : The information provided at this site is of a general nature and may not apply to any particular set of facts or under all circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Sheela Murthy or establish an attorney-client relationship. Copyright : Documents from this site may be printed as long as the copyright notices are included on the print-outs and the documents are not modified or altered.