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Case Stories
⏳ EB-3 Unskilled/Skilled Pending - India PD July 2014
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⏳ **Case Status: Pending**
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An India-born applicant with a July 2014 priority date filed I-485 under EB-3 in 2020 and has been waiting over 5 years. The April 2026 Visa Bulletin moved EB-2 India's Final Action Date to July 15, 2014, making the applicant current under EB-2 by just 13 days, prompting consideration of a Transfer of Underlying Basis (interfiling) from EB-3 to EB-2. The applicant also changed employers under AC21 portability and has a derivative spouse on a separate pending I-485.
India-born applicant with priority date of July 2, 2014 filed I-485 under EB-3 in 2020, with the case still pending as of early 2026. The applicant holds two approved I-140s — one under EB-3 (current basis) and one under EB-2. An employer change occurred after the I-485 had been pending over 180 days, qualifying for AC21 portability; a Supplement J was filed to document same occupational classification continuity. A derivative spouse is included as a separate pending I-485. The April 2026 Visa Bulletin advanced EB-2 India's Final Action Date to July 15, 2014, placing the applicant's July 2 date current under EB-2 by 13 days. Key options under consideration: (1) Wait for EB-3 to catch up — currently backlogged well behind the priority date; (2) File a Transfer of Underlying Basis (TUB/interfiling) request to adjudicate the existing I-485 under the approved EB-2 I-140; (3) Explore EB-1 upgrade or NIW pathways. Open questions include retrogression risk given the narrow 13-day margin, derivative beneficiary implications of a TUB, impact of the prior employer's EB-2 I-140 after an AC21 job change, and whether an existing Supplement J affects the interfiling process.
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**[📎 View Original Post](https://www.reddit.com/r/immigration/comments/1rwv0jl/stuck_in_the_eb_backlog_since_2014/)**
*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.*
This case illustrates a common strategy for India-born applicants with dual I-140 approvals: the Transfer of Underlying Basis (TUB/interfiling). When EB-2 and EB-3 Final Action Dates diverge significantly, applicants with approved I-140s in both categories can request USCIS adjudicate their pending I-485 under the more favorable basis without refiling. Key risks here include retrogression — a 13-day margin is extremely narrow and EB-2 India dates have historically fluctuated month to month. For similar cases: (1) The derivative spouse's I-485 generally follows the principal's basis change automatically, but it is advisable to reference both receipt numbers in the TUB request. (2) AC21 portability via Supplement J does not disqualify an interfiling request, but the EB-2 I-140 must remain valid and approvable — even if filed by a prior employer, a approved I-140 generally remains valid for priority date and interfiling purposes. (3) Processing times for TUB requests at USCIS vary widely, from weeks to several months, meaning retrogression before adjudication is a real risk that should factor into the decision.