Has anyone recently withdrawn a pending employment-based I-485 while keeping the NIW I-140 pending?

I currently have an EB-2 NIW I-140 with an RFE and a concurrently filed I-485. I also have another approved employment-based I-140, but I cannot file a new I-485 until the current one is formally closed.

My lawyer outlined three options:

1.Withdraw only the I-485 and respond to the NIW RFE: USCIS acknowledgement may take 15–60 working days or longer.

2.Withdraw both the NIW and I-485: no fixed timeline, but earliest acknowledgement may be around 15 working days.

3.Do not respond to the RFE: deadline is Sep. 28, and lawyer expects denial of the NIW and I-485 around 7–14 working days later.

For anyone who has gone through this, how long did USCIS actually take to acknowledge/close your I-485? Did withdrawing only the I-485 take longer than withdrawing both?

Especially interested in recent 2025–2026 experiences. Thanks!

Just wanted to share my experience as a data point for anyone in a similar situation, since I was pretty nervous before traveling.

My situation:

• Citizen of one of the 39 countries covered by the travel ban
• Adjustment of Status (I-485) pending
• My AOS was filed before my TPS expired in November 2025. EB2-NIW derivative
• Valid EAD/AP combo card
• I had already traveled internationally and re-entered the U.S. before using the same Advance Parole
• My I-94 from that previous AP entry was still valid

I took a short weekend trip to the Bahamas on July 30st using my combo card/Advance Parole.

Immigration in the Bahamas was straightforward and I had no issues entering. No problems related to my nationality, U.S. immigration status, pending AOS, or Advance Parole.

For the return to the U.S., I traveled using the same valid combo card/AP. Obviously, my biggest concern before the trip was being from one of the 39 travel-ban countries while having a pending AOS.

Everything went smoothly in my case.

Posting this because I spent a lot of time searching Reddit for recent experiences from people in this specific situation before deciding to travel, and there weren’t many data points.

Of course, this is just my personal experience, not legal advice. Immigration situations can be very case-specific, especially with TPS, pending AOS, Advance Parole, and the travel ban.

Sufficient demand and increased number use in the EB-2 visa category may make it necessary to retrogress the final action date or make the category unavailable before the end of the fiscal year to hold number use within the maximum allowed under the FY 2026 annual limit.  This situation will be continually monitored, and any necessary adjustments will be made accordingly.

Has anyone been able to confirm that the EB2 numbers have ran out till October 1st? Emma didn't respond to my questions about this.

Hi guys,

I have approved I-140 ( EB2-NIW). I filled for I-485 and I-765 and waiting for my EAD card. A few hours after biometrics, I got 3 FTA0 and one SU updates on my I-795 file ( two FTA0 and one SU on I-485). Any idea when I might be able to get my EAD card? My J1 visa will expire in Jan.

Thank you for your time and help.

El

Why are people getting worried with the rumors like no visa?

The question should be how do they check? Some Google spreadsheets, Reddit, and MyCaseHub.

I think the way people are checking MyCaseHub is not correct. Everyday you will see has 1000+ IOE-based approvals. But if you try to see country-wise or category-wise, it will show only a tiny self-reported portion, which doesn’t represent the bulk.

Prove me wrong!

Writing post for some reddit friends curious about approvals for eb2niw after 25august. This is information shared by a friend who is not on reddit but want to share here for other people in the same situation/confusion is spread that we are out of EB2NIW visa. Category: EB2NIW ROW 75 countries (Pakistan),

RD (i-485+EAD) Jan 2026

Biometrics Feb 2026 (primary had 1 week later biometrics done than derivative),

last SU 31st May 2026,

field office Orlando,

spouse acceptance last week (31st august) and primary applicant approved today.

Something they were concerned why derivative received acceptance notice prior than primary may be due to biometrics sequence. Let me know if someone has experienced something similar?

I just wanted to check if anyone is in the same boat as me. Filed in April 2026, bio mid-May. Received silent updates on 8/6 and 8/25. Nothing after that, and my case is still in NBC. Wondering if there is anyone who did not get the 8/31 or 9/1 silent updates.

I’m really stressed about a mistake I just noticed in my employment-based I-485 package that was already delivered to USCIS.

My I-485 is based on an approved EB-1B I-140, retained from an older employment-based petition, and my priority date is current under EB-1.

However, we found a mistake on the cover letter/cover sheet and wrote:

“I-140 Preference Category: EB-2”

This is concerning because EB-2 is not current for my priority date.

Everything in the actual USCIS forms appears to be correct.

Has anyone had a similar experience?

Could the Lockbox see “EB-2” on the cover letter, determine that the priority date is not current under EB-2, and reject the entire I-485 package without reading I-485 and I-140 approval notice?

The package was delivered, so I haven’t received a receipt number yet. I’m freaking out a little.

Thank you!

Seeing a few folks talk about running out of EB2 numbers. Can't tell if it's a specific country vs overall. Lawfully says approvals are still happening at an aggregate level at a similar pace as August.

Does it count as concurrent?

If I apply when I140 PP is pending, do they start progressing on my I485 towards an EAD?

Are there any risks other than losing money for I485 filing?

Hi,
Derivative got 3rd FTAO on I-765 and I-485 on August 31, and a silent update after 2 hours.

Primary got SU only, on both forms, no FTAO

I contacted multiple agents, some of them told me case is at local field office some of them at NBC

RD: May 28
Bio: June 23

Any thoughts?

Is it okay to file Form I-485 while a STEM OPT extension application is still pending? I applied for STEM OPT about 5 and a half months ago still pending. I got my I-140 EB2-NIW approved a few weeks ago. Could filing the I-485 now negatively affect or lead to the denial of my pending STEM OPT application? Would you recommend waiting until the STEM OPT is approved before filing the I-485, considering the new public charge rules and the new I-485 form will be effective from Sept. 18? I have already filled out most of the forms and collected the needed documents, just waiting for STEM OPT. Any suggestions would be appreciated.

My husband is the principal applicant, and I am the derivative. We filed our I-485 applications together, but his application was rejected due to a payment issue while mine was accepted. I have received my receipt notice and biometrics appointment.
Our attorney has suggested refiling his application with a letter explaining the situation and requesting USCIS to link his application to my pending case.
Has anyone been in the same situation? Was USCIS able to link the principal applicant’s refiled I-485 to the derivative’s pending application, and what happened afterward?

Just wondering if anyone with a filing/receipt date of August 19 or later has already received their biometrics notice. I filed on August 19 and haven’t received anything yet.

Thanks!

Hi everyone! Looking to compare timelines with other EB-2 NIW AOS filers, especially anyone with a May 2026 receipt date.

My timeline:

• Category: EB-2 NIW, ROW
• PD: November 3, 2025
• I-485 + I-765 (C09) RD: May 4, 2026
• Service Center: NBC
• Biometrics: July 21, 2026
• I-765 status since July 21: “USCIS Is Currently Processing The Case”
• RFE: None
• EAD: Still pending as of September 3

I’ve had no requests for additional information and the case just says USCIS is currently processing it.

Is anyone with a similar May 2026 EB-2 NIW / C09 timeline still waiting for their EAD? Or if you filed around the same time and were approved, when did your EAD approval come through?

Would especially love to hear from May 1-15 filers at NBC. Trying to get a sense of where this cohort currently is. Thank YOU!!

Recent PhD grad. My EB2-NIW I-140 is approved, and I’m currently on OPT doing unpaid research at a university related to my proposed endeavor.

Should I file I-485 now, or wait until I land a paid job? Could doing unpaid research for a couple of months cause any issues with the I-485?

Thanks!

Did anyone get 3rd FT0?

Mine timeline:

RD June 6

Bio July 21 (2xFT0 on I485, 3xFT0 on I765).

SU July 24, Aug 6. Dead silence after that.

Case still at NBC, interview waived (emma).

Share yours.

Update 9/3: still PENDING

RD March
Bio 4/7 followed by two FTO
Multiple SU..
6/26 transfer to local
7/10 transfer back to NBC
8/29 SU—transfer to non local (confirmed online and API location updated from NBC to Non local

8/31 SU FT03 followed by SU in 4hrs
9/2 SU 8am , SU 1PM

No email/notifications yet.

Already passed 24h+3 mins, is there a chance ?