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06 May 2026

My I-485 application was filed in the EB3 India category and has been pending for more than 180 days. If I want to use AC21 to port to a similar position with a different employer, does my priority date still have to be current on the date I move to that employer?

Answer No, there is no requirement that the priority date still be current in order for a person to use AC21 to port to a same or similar position. (06.May.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

14:14 / Employment Based / FAQs / For Individuals / Resident / Visa Bulletin
22 Apr 2026

I filed my I-485 adjustment-of-status application when my priority date was current. The Visa Bulletin later retrogressed. What does this mean for my I-485 application?

Answer If your priority date was current at the time you properly filed your Form I-485, USCIS generally will continue processing your application even if the Visa Bulletin later retrogresses, and your filing remains valid. However, because the USCIS cannot approve your adjustment-of-status application unless a...

10:32 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Visa Bulletin
22 Apr 2026

I filed my I-485 adjustment-of-status application when my priority date was current. The Visa Bulletin later retrogressed. Will the USCIS also pause the processing for my pending EAD or AP application?

Answer No, retrogression does not pause the processing of a concurrently filed EAD or AP application. Additionally, it does not affect the validity of an existing EAD or AP, nor does it prevent a person from applying for extensions. (21.Apr.2026)Sheela Murthy and other senior attorneys provide...

10:29 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Visa Bulletin
01 Oct 2025

Do the EB1(a), EB1(b), and EB1(c) categories always share the same cutoff date in the monthly visa bulletin?

Answer Yes, all EB1 classifications are subject to the same cutoff dates in the visa bulletin. (30.Sep.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright © 2025, MURTHY LAW FIRM....

14:06 / Employment Based / FAQs / For Individuals / Resident / Visa Bulletin
27 Jan 2022

Until recently, MurthyDotCom was posting updated visa bulletin predictions each month. There have not been any such postings lately. Do you expect to provide these again in the near future?

Answer At the end of 2021, Charles Oppenheim retired from his position as the Chief of the Visa Control and Reporting Division for the U.S. Department of State (DOS). Until his retirement, Mr. Oppenheim had been providing visa bulletin updates most months. We would then, in...

08:12 / FAQs / For Employers / For Individuals / Resident / Visa Bulletin
21 Oct 2021

In October 2020, I filed an I-140 EB2-to-EB3 downgrade case, along with my I-485 application. Now, it looks like the EB2 India cutoff date may advance past the EB3 cutoff date. If that happens, will the USCIS automatically adjudicate my case as an EB2 case?

Answer No. If the I-485 was filed based on the EB3 I-140, the USCIS normally would continue to process it as an EB3 case. In order to have the case processed under the EB2 category, one option may be to interfile the previously approved I-140 to...

09:48 / Employment Based / FAQs / For Individuals / Resident / Visa Bulletin
21 Oct 2021

My I-485 application was filed in the EB3 India category and has been pending for more than 180 days. If I want to use AC21 to port to a similar position with a different employer, does my priority date still have to be current on the date I move to that employer?

Answer No, there is no requirement that the priority date still be current in order for a person to use AC21 to port to a same / similar position. (21.Oct.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

09:44 / Employment Based / FAQs / For Individuals / Resident / Visa Bulletin
30 Dec 2020

I failed to include the correct filing fee when I filed my I-485 in October, so the USCIS rejected it. Now, my priority date is no longer current. Can I refile now with the correct fee?

Answer If the I-485 application was properly rejected, one typically would not be able to refile the I-485 until the priority date is again current. (30.Dec.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

19:12 / FAQs / For Employers / For Individuals / Resident / Visa Bulletin / Worker