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USCIS Processing Times for Employment Based Adjustment of Status (I-485) Cases
Clients have been expressing concern and frustration over the processing times USCIS is reporting for employment based Adjustment of Status Cases. The processing times being reported by USCIS apply only to cases for which the Immigrant Visa Priority Date is current.
Although a person’s visa priority date may have been current at the time the Adjustment of Status was filed, the Adjustment of Status cannot be processed if the priority dates retrogress, making a visa unavailable for that case.
A visa becoming unavailable after the Adjustment of Status is filed, is the equivalent of an item you ordered, from say amazon.com, being sold out before it can be shipped to you. Even though amazon.com’s processing times are 24 hours, those processing times become meaningless when the item you ordered is sold out, and becomes backordered. Likewise, the processing times reported by USCIS are meaningless when, due to visa priority date retrogression, a visa for your case in unavailable and “backordered.”
