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Case Stories
⏳ EB-3 AOS Pending - PD Current, H-1B vs EAD Decision
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⏳ **Case Status: Pending**
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An EB-3 applicant with a July 2024 priority date filed I-485 in April 2026 and recently became current per the July 2026 visa bulletin. With STEM OPT expired and biometrics completed, the applicant is weighing whether to file an H-1B petition as a backup or wait for EAD/green card adjudication.
Applicant has an approved EB-3 I-140 with a priority date of July 8, 2024. The I-485, I-765, and I-131 were filed concurrently on April 23, 2026. An RFIE for a birth certificate was responded to on May 12, 2026, and biometrics were completed on June 9, 2026. STEM OPT expired June 4, 2026, causing a work stoppage. The July 2026 visa bulletin moved the EB-3 Final Action Date to August 1, 2024, making the priority date current. The applicant was also selected in the H-1B lottery but is uncertain whether to spend $5,000–$8,000 on the petition given the AOS is progressing and H-1B work authorization would not begin until October 2026 at the earliest.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1u9a1sp/title_eb3_aos_pending_pd_current_h1b_lottery/)**
*Source: Reddit EB-3 search*
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*This post was automatically curated from online sources to share real case experiences with the community.*
With a priority date current as of the July 2026 bulletin and biometrics already completed, EAD adjudication timelines typically run 3–6 months from filing for concurrent I-485/I-765 filers, though USCIS processing varies. Cases filed in April 2026 with no outstanding RFEs beyond the already-responded RFIE may see EAD approval before October 2026. The H-1B backup option provides immigration status security but offers no work authorization advantage if EAD is issued first. Cases in similar posture — current PD, biometrics done, no open RFEs — have historically seen EAD approvals within 90–150 days of filing under normal processing. The key risk factor here is work authorization gap: if EAD is delayed past October, H-1B would have been the only path back to work. Similar cases with expired OPT and pending EAD should monitor I-765 processing times closely via the USCIS case status tool.