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Case Stories
⏳ EB-3 ROW Nigeria - H-1B RFE + AOS Filing Strategy - PD June 2024
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⏳ **Case Status: Pending**
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A Nigerian national with an approved EB-3 I-140 and June 2024 priority date is navigating a concurrent H-1B extension RFE and plans to file I-485 in April 2026. The case highlights complexities around Nigeria's partial travel ban, premium processing clock stops, and the 240-day rule overlap.
Applicant holds H-1B status expiring May 29, 2026, with an approved EB-3 I-140 and a June 2024 priority date under Nigeria/ROW chargeability. Filed H-1B extension via premium processing in late December 2025. Received an RFE in January 2026 for paystubs and maintenance of status, to which attorneys responded in March 2026. Shortly after the RFE response, USCIS changed the case status to 'Premium Processing Clock Was Stopped.' The applicant is current in the April 2026 Visa Bulletin (EB-3 ROW/Nigeria Final Action Date: June 22, 2024) and is planning to concurrently file I-485 Adjustment of Status. Key concerns include whether the clock stop signals an adjudicative hold related to the January 2026 USCIS memo on Nigerian nationals, whether I-485 can be filed while the H-1B extension remains unresolved, and work authorization continuity under the 240-day rule.
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**[📎 View Original Post](https://www.reddit.com/r/immigration/comments/1rzw9vs/h1b_ext_pending_rfe_clock_stopped_impact_of_2026/)**
*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.*
Premium processing clock stops after RFE responses are not uncommon — USCIS may pause the clock while conducting additional review or awaiting third-party verifications, and it does not necessarily indicate denial. Concurrently filing I-485 while an H-1B extension is pending is generally permissible; once I-485 is filed, the applicant transitions to AOS status and can rely on the pending I-485 as an independent basis for lawful presence. The 240-day rule provides continued work authorization after H-1B expiration as long as the extension was timely filed, but once an EAD from the I-485 is obtained, that becomes the primary work authorization document. Nigerian applicants in early 2026 should be aware that the January 2026 USCIS memo introduced discretionary holds for certain nationalities — cases with security review flags may see extended adjudication timelines regardless of premium processing. EAD/AP combo cards from San Francisco/San Jose field offices have recently ranged from 4 to 8 months based on community reports.