I-485 delays

gcard2002

Registered Users (C)
Looks like some higher officials somehwere in Dept. of Homeland security or even at higher level took a decision of intentionally delaying I-485 processing. They have every reason to be benefited from the delay. Consider the amount thay collect for renewing EAD and AP every year. I don't know about everyone here but I have noticed a pattern here. Wherever BCIS can make money, they are after those cases, like H1 premium processing, religious worker cases.

I can prove this by quoting my own EAD case. My first EAD was supposed to expire on Nov 20th 2003. BCIS scarred our lawyers into filing EAD renewals 6 months in advance. They charged the same fee and approved my renewal on Sep 09th itself with a valid date of Sep 09th 2003 and expiration date of Sep 08th 2004.
My question is, why didn't they put a valid date of Nov 21st 2003 to Nov 20th 2004. That's what they used to do before. Imagine if you have to renew EAD 3 or 4 times, then you end paying repeatedly with early expiration dates on EAD. It's the same with Advance Parole too. I do not understand how security becomes an issue with valid dates on EAD. It's all about money. With no one to question BCIS, they feel encouraged to delay our cases to make more revenue.

It is also unfair to expect us to prove our employment status at the time of RFE while they take 3 to 4 years on I-485 to send RFE. 6 months to one year is OK but in this economic environment, it is very difficult to keep maintaining a permanent job for so many years even though we are allowed to swicth jobs after 180 days.

Ms. Diane Feinstain (sorry if I mispelled), a democract from CA is one of the arcitechs of the 180 days rule and I think we should petition her again about these EAD renewals and I-485 processing delays.

My suggestions: EAD and AP should be valid until GC is approved.
Since they send FP notice once every year, if the BCIS has reason to beleive that someone is a security threat based of 2 or 3 or 4th FP result, they can ask for surrendering EAD and AP.

or

a conditonal GC should be given intially (pending security clearance) based on job letter, tax returns and other information provided on I-485. Let FBI take their own time to do security check and once it is done, the local office can mail a letter asking for appearance to stamp final GC and take back the conditional GC. This way, applicants need not be under stress all the time about their employment status. This way, it will be fair to all applicants as well. We witnessed some 2002 approvals while 2001 cases are still pending. That's why.

Suggestions welcome.
 
I don't think it is easy to predict how Each Individual in INS works

My ead expires in the 1st week of january - 04

I have applied for a new ead in the month of aug -03 and got the approved card in the month of Oct. They took only 55 days instead of 90 to 120 days as mentioned on the web site.

The new EAD is valid for one year after the first one expires.
 
I do agree with gcard2002 that it is all about money, money rules everything.

But, I don't think that the outside departments like FBI are holding BCIS from clearing the pending cases. My feeling is that FBI replies to BCIS's security clearance requests (based on FP) within a week. The delay used to happen when either FBI had a name match or BCIS encountered something in other security systems. Now apparantly all the security systems are integrated with BCIS system (remember the reason for stop processing between Nov last year to Jan 13th this year).

Now I don't see any reason why BCIS should delay the approval process apart from money. This year I've filed for 3rd EAD, though my attorney says that since I've filed my response to RFE in July and usually BCIS is quick at clearing cases after RFE, I should not need to use the EAD. But to be on the safe side I should file one (mine expiring in Dec). So far after full 3 months of filing my response to RFE I've not seen any movement on my case.

Also, my 1st FP got expired in July, I haven't received the notice for 2nd FP either. My attorney says that he has seen that in some cases they didn't issue 2nd FP notice. So I may turn up lucky to get the GC without 2nd FP, but the big question is WHEN?

So what more can I say here, apart from being frustrated by the wait.
 
>> ".. But to be on the safe side .. " <<

Agree. Isn't that interesting that they scare us out of their incompetence? And then to add insult to the injury, they charge us, or otherwise, they will corner us to that nasty 'unlawful employment' argument. :mad:
 
Originally posted by cmr
Its been over 2.5 months since BCIS received my rfe response and over a month since I was finger printed the second time. I am about to renew my EAD(3rd) and if what you are saying is right, BSCIS must be just waiting for me to send the $120 EAD check before approving my 485. Who knows, may be that's true! But why go through all this, why not just increase the initial 485 filing fee by 3 or 4 times and reduce the processing time. I for one, would readily vote for that. Infact I am ready to pay that money even today(after waiting over 22 months) in exchange of my immediate approval.

Well, the wait continues.....

cmr


True - if CIS, TODAY, asked me to send $1,000 to expedite the processing of and to approve my case in 14 days, I would do it.
 
Top