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I applied for renewal of my R1 and still it is pending due to back ground check and how long it will take?
Anonymous1 views1 answers
I'm in R1 visa as a Religious Minister (Christian) from 2005 to 2008 and applied for renewal for two more years from April 2008 to April 2010. I am checking with USCIS office regularly and they say my case is pending due to back ground check. The U.S. Senater's office inquired on behalf of me to USCIS, California office many times and received same answer every time. They are tired too.
It's almost going to over my requested time period of stay in R1.
Normaly how long it will take for back ground check? Is there any maximum time limit to FBI to report to USCIS for background check? In this pending period. is it legal to work and get paid? OR Is it OK if I not work and not get paid until my approval comes? If approval comes late, what I and my family do after April? Can we Re-apply?
What you are waiting for is probably a site visit and not an FBI background check since you are apply for a two-year extension of a non-immigrant visa. This would be the case if your religious organization has not yet had the required site visit. We handle many religious worker visas, both temporary and permanent and we have found that the wait for a site visit is the usual cause for delay. You could make an INFOPASS appointment by going to the website www.uscis.gov and then asking the officer if it appears that a site visit is the hold up. If this is the issue, your attorney could write to the USCIS where your case is pending and ask specifically for the site visit to be arranged. You are legal to remain in the US while your extension application is pending, but not to work until you receive it. Working "without pay" with the expectation that you will be paid later or even in consideration of the employer holding the job open for you would most likely be construed as unauthorized employment so you want to avoid that. If you and your employer feel you cannot wait any longer, your employer could consider filing a Mandamus action in federal court. This is a legal procedure available when it becomes necessary to force a government agency to take action.
