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kirpa226

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Hi: I filed my I485 in June 2005 on marriage basis. I received first EAD just after 90 days. I refile my EAD in November 2006. Since too date I have been told that my EAD will not be reniewed until my background check is completed. I check the updates every day on internet and it shows that the review of my fingerprinting is done and the process is continue. But this update i have been looking on USCIS web site over two years and it not be change. I wrote a letter to the immigration and they told me that until the name check is completed they will not make any decesion about my case. My I485 is already on hold over 2 and a half years. Now my I765 is on hold close to an year. My question is what is my legal rights so that i can get atleast the new work authorization card or can i sue on the immigration as they hold my both applications? I also wrote a FOIPA request to FBI and they sent me a letter that they dont have any record in the main computer section. I sent that letter to immigration but they dont reply

Thanks in advance.
 
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kirpa226 said:
Since too date I have been told that my EAD will not be reniewed until my background check is completed.
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Really???? Since when are you not allowed to get your EAD (and AP) with a I-485 pending, even if it is pending because of the background check? I'm thinking the background check is the same thing as the name check.

Anyone else hear of something like that? Sounds strange to me.
 
Sounds strange. I think someone dropped the ball here. Makes no sense. YOU ARE ALLOWED to renew... people do it for years, while they are stuck in FBI Namecheck.
 
why do some people have pending clearance after interview? Why is that? Why do they even have to have the name clearnce thing?
 
I have the same case here.I had no problem in past when I use to file my EAD on the basis for Asylum status but this time I filed under i-485 pending status. I got the permanent state job and my EAD will expires on Dec 05. They are asking for the new one but its taking too long. I am worried if I wont get EAD by end of november. I filed on august 8th and did my finger print already. Do anyone know how to expedite the process? Where should I contact?

I really appreciate if anyone can guide me.
 
When i submit the reniewel of my EAD in November 2006 i already sent the copy of my old EAD too. I dont know why they given this hard time. I also want to know if any one please send me the copy of a standard letter so that I know how to expediate the name check process
 
Best refile and continue the fight to expedite.

kirpa226 said:
When i submit the reniewel of my EAD in November 2006 i already sent the copy of my old EAD too. I dont know why they given this hard time. I also want to know if any one please send me the copy of a standard letter so that I know how to expediate the name check process
Click to expand...

I had similar experience. An attorney advised me to refile, based on someone who had similar experience.
I don't know how true this is but accorning to my attorney, during 2006 USCIS did decide to stop issuing EAD's for applicants pending backgroud checks, as it would enable them to aquire Drivers licences and inturn cause secury concers.
And immigration groups pressured the USCIS to lift this policy.
I don't have any credible proof to back this up.
But since I was stuck in the same boat, I chalked it up to this policy.
I believe you might be in the same situation. I was 5 months ago.
I just reapplied after trying to expedite for months.
I used the electonic filing, in one of the forms where you will need to enter the previous EAD application's dates and approval status. I entered the last one as 'Pending'.
Two weeks after I reapplied the initial one filed in 2006 was approved.
Could be a coincidence! I just don't want to think so. The new application i.e one I applied in 2007 is still pending. So I didn't really loose the filing fees.
Let us know how it works out.
 
The "security reason" doesn't make any sense because first of all, I'm not aware that EAD entitles you to a DL, and secondly, if it does, you could have gotten it the first day you received your EAD (before you were pending background check), so why take away the interim benefits later?
 
That makes no sense. My timeline is almost like yours: Applied for I485 in June 2005, interview in March 06, and i got my THIRD EAD 2 weeks ago.
 
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