Helge is not the only one thinking of this. I read this post in
immigration-law.com
01/17/03: High Unemployment Rate, 485 Processing Backlog, and INS Request for Evidence of Employment
From the perspective of the INS, the continuing existence of petitioned employment or a new same or similar job as defined in AC 21 is a condition for adjudication of EB-485. When the nation's economy was good and unemployment rate was very low, the INS paid little attention to the evidence of such employment at the time of adjudication of EB-485 even if a substantial period had elapsed since the initial receipt of the EB-485 application. Therefore, people rarely faced RFE from the Service Centers requesting such evidence immediately before they adjudicate EB-485.
Now, the country's economy is really bad, producing massive unemployment. On top of the high unemployment rate, the processing of EB-485 takes much longer than it used be because of the security check, temporary freeze of 485 adjudication, and agency transformation. It appears that the INS is conscious of the problem of unemployment of EB-485 applicants, as exacerbated by the processing delays. Some of the EB-485 applicants may find in the mail RFE requesting such evidence.
Such mail will bring a mixed bag. It should be taken as a good news in that the INS is at least processing and adjudicating EB-485 applications. It is bad news in that such RFE will create another delays. It appears that some of the cases are transferred to the local offices that can verify such evidence at the interview. The situation reminds of the nightmare involving CIA clearance problems one time which created a mountain of EB-485 applications backlog, during which the validity of fingerprint expired (which is good only for 15 months) and the INS had to reschedule and process refingerprinting. This vicious circle created the EB-485 processing times not less than 24 months!
We certainly realize that the INS has a job to do under the law to prevent frauds. However, the situation can be better handled than RFE or transfer, which will further exacerbate the processing backlog problem. The INS may rather revive the earlier practice suggesting the EB-485 applicants to submit such evidence voluntarily and proactively.
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It will make more sense under the circumstances. Additionally, it will disappoint the EB-485 waiters less who had to endure the pain of the recent adjudication freeze or halt and are currently in full of expectation that their cases be adjudicated soon!