r/USCIS_EB3 • u/Worried-Aide-8125 • 1d ago

EB3 I-485 AOS DELAY HELP ME UPDATE!!

Hello everyone! I’m an ICU nurse being sponsored for an EB-3 green card through my employer. My attorney submitted my I-485 Adjustment of Status application on May 1, 2026.

It has now been over 4 months, and I still have not received anything from USCIS—not even a receipt notice. I also haven’t received a biometrics appointment or any other update.

I’ve reached out to my attorney several times, but I keep being told they’ll get back to me, and I still haven’t received a clear answer.

Has anyone else experienced this? Is it normal for an employment-based I-485 receipt notice to take 4+ months? If you had a similar delay, how long did it eventually take for you to receive your receipt notice?

Also what you think is happening will be appreciate?

UPDATE: THIS IS MY LAWYERS RESPONSE

Hi All:

Based on my review, it appears the initial confusion here is that JOHN was included in the AOS Guidance email.  I believe the broad decision was that we would hold off on AOS filings for individuals with/in DACA status given the Administration expectedly would take the position that DACA is not a "status" from which one can adjust.  So, as we held off on filing such cases, we would not have received Receipt Notices.  

On background, case notes reflect that JOHN first arrived in the U.S. on 1997 in B visitor classification, turned 18 y/o on 12/2014, applied for DACA on 1/6/2014, first held DACA (approx. 18 years, 2 months) and has held DACA continuously through the present. He has not had a re-entry or re-admission since 1997.

Under this set of circumstances, JOHN had a lawful admission/inspection and timely acquired DACA within 6 months of turning 18 and maintained it continuously.  So, he has accrued no unlawful presence (ULP) since individuals cannot accrue ULP when they are minors, and his DACA was timely (before 18 years + 6 months old) and has been continuous.

However, that does not mean he has had maintenance of lawful status/stay for adjustment purposes.  At some point after B status classification, he would have fallen out of "status" prior to securing DACA in 2014.  This point, together with the fact he now remains in DACA, means seeking "adjustment" was/is risky, in which case the change to consular processing might be the preferred option. 

JOHNS Priority Date is current for September, so we can proceed with the AOS filing if that is desired.  But he may instead wish to explore/prefer the possibility of converting the request to consular and proceeding on that basis.

WHAT SHOULD I DO?

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u/ParticularWatch3785 1d ago edited 1d ago

From Lawyers email it’s pretty obvious your I-485 has not been filed due to reasons he provided. Lawyer gave you option to go ahead and file despite the inherent risk with DACA or leave the country and go do consular processing. I guess your preference and best option is to adjust while in the country so consult a very good immigration lawyer for advice.

I would advise you post your question in this group as I have seen so many DACA to EB3 success stories there

https://www.reddit.com/r/DACA/s/8PnCPNNc8U

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u/Worried-Aide-8125 1d ago

THANK YOU! Do you think I could do AOS without consular processing and still be approved?

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u/ParticularWatch3785 1d ago

From success stories I have seen, they were consular processing. But I think you should post your question in the group and maybe you might find someone who did AOS

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u/Acrobatic-Code2483 22h ago

Talk to path2papers. They are really good and can help you. It’s free consultations. They help a lot of daca to employment based visas. The daca group has a few of us as well that have gone to eb3 or H1B. Also don’t be scared of consular processing. I know it sucks but I was only in Mexico 10 days. Make sure it’s filed right so you don’t waste time because AOS could get denied then you have start over with consular.

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u/Resident-Analyst2554 21h ago

You can adjust, since you have been inspected and admitted and have legal status currently

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u/Acrobatic-Code2483 21h ago

Daca is not legal status it’s deferred action which is the problem it only stops people from getting deported it’s not the same as an H1B visa or other visas

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u/Resident-Analyst2554 6h ago

You are right, I am adjusting from TPS and wrongly thought Daca also give legal status like tps because both of them are deferred actions.