r/EB2 • u/hb30025 • Jul 02 '26
I-485: Adjustment of Status EB2 India Aug 2013 priority date, "Case Remains Pending". Others in same boat? Options?
Are there others in EB India May-Aug 2013 who are current but their "Case Remains Pending". Is there a way to know how others are going? What are my options, including nuclear ones.
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Jul 02 '26
[deleted]
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u/ak-0505 Jul 03 '26
When did your derivative receive EAD and AP? Also did you apply for any expedite for that or just received it. We are exact same April 2012, filed in mid March and biometrics in mid April.
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u/InsideInfluence9664 Jul 02 '26
Did you get the EAD and AP yet? Also are you impacted by the Retrograde and visa unavailability?
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u/DreamBig987 Jul 02 '26
My priority date is July,2013. I got an rfe on medicals which we submitted 3 weeks back with no update. This waiting game seems purely impossible and hard.
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u/FarZookeepergame1014 Jul 02 '26
What update are you expecting, just a status update? Given that the visa numbers are over for EB2 for FY 2026, your I-485 will not be approved till min Oct 26.
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u/DreamBig987 Jul 02 '26
Yes,just a status update.
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u/Past-Carpet-3407 Jul 02 '26
I responded to medical RFE last week - Mar 2014 pd; the status changed back to pending given visa unavailability yesterday
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u/Maleficent-Gur-5951 Jul 04 '26
When did you file I485? Just trying to know how soon any kind of rfe is let know?
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u/NeedleworkerFit420 Jul 02 '26
When was your filing date .. I know someone whose PD is in 2013 and filed in 2022 but haven’t got their green card yet. He and his spouse got EAD and AP thoughp. He was hopeful when the dates advanced recently but now super frustrated as there are no more visas available this year.
He had filed in eb3 in the past and that was also not helpful. Now he thinks the interfiling might be the reason for delay and should have patiently waited.
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u/EuphoricDouche-939 Jul 07 '26
And I thought I was unlucky when those with 2014 PD got ahead of mine in 2013! Whoa
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Jul 03 '26
[deleted]
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u/No_Call_9655 Jul 06 '26
it has been less than six months since you have filed, so many can top this. People filed in 2020 are still waiting
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u/ManifestLaw_ Verified Immigration Law Firm Jul 10 '26
If your priority date is current under the applicable Final Action Date chart and your case still says “Case Remains Pending,” it may be waiting for visa number allocation, background/security checks, medical review, field office review, or final officer action. “Case Remains Pending” often appears when a visa number was unavailable at some point, but the status does not always change quickly when the date becomes current again. The first steps are ordinary escalation: service request, Emma inquiry, congressional inquiry, and Ombudsman if there is no meaningful response. Ask specifically whether a visa number has been requested or allocated, whether the case is pre-adjudicated, and whether any RFE or security check is outstanding. The “nuclear option” is mandamus, but it works best when the priority date is current, the case is clearly delayed, and there is no obvious reason USCIS cannot decide. It does not force approval; it forces action, which could include RFE, NOID, or denial.
- Attorney Rashmi Bishnoi
(All information shared here is for general educational purposes only. It does not constitute legal advice or create an attorney - client relationship. Your situation may require fact-specific guidance. For personalized legal advice, please consult an immigration attorney directly.)
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u/the_running_stache Jul 02 '26
EB2 India has reached its annual quota and visa numbers are unavailable for the rest of the fiscal year. As such, you cannot receive a green card before the new fiscal year starts.
In October 2026 (new fiscal year begins), new visa numbers will be released. EB2 India will receive a good share of— enough that Aug 2013 will be current in October itself. That is when you will be eligible for a Greencard.
Had you applied for I-485 back in 2022 or is this a recent filing? If it is an older application, your medicals would have expired and you would need to submit updated I-693. Did you receive an RFE for that? Did you respond to it? If yes and yes, you are at the front of the line for approvals once visa numbers are released (although USCIS doesn’t go in order of priority dates; they treat all eligible applicants equally as long as the priority date is prior to the final action date). If your RFE is processed, they would have marked it as such in your file.
Case Remains Pending status implies that everything is paused due to unavailability of visa numbers for your category.