EB I-485 Approved Despite Non-Current Priority Date: Community Case Study

A notable case has emerged in the green card community where an EB-based I-485 application was approved despite the applicant's EB priority date not being currently current. The applicant originally filed their I-485 in 2022 when the priority date was current, but as a derivative applicant received a Request for Evidence (RFE). By the time the RFE response was submitted, visa numbers had retrogressed, leaving the case in a prolonged pending status. Seeking an alternative path, the applicant's LPR spouse filed an I-130 petition under the F2A family preference category. When the F2A Final Action Date became current in October 2025, the applicant filed a new I-485 under that category and attended an interview, which proceeded without issues. Unexpectedly, the original EB I-485 — filed years earlier — progressed to approval status, showing 'New Card Is Being Produced' followed by 'Case Approved,' despite the EB priority date remaining retrogressed. This situation is unusual and raises procedural questions about how USCIS handles cases where an applicant has multiple concurrent I-485 filings under different preference categories. For EB-3 applicants, this case illustrates the complexity of concurrent filing strategies and the unpredictability of USCIS adjudication timelines. It also highlights that USCIS systems may process older pending applications independently of current visa bulletin cutoff dates, potentially due to visa number allocation at the time of original filing or internal agency workflows. Applicants in similar situations — particularly those with both family and employment-based petitions pending simultaneously — should consult an immigration attorney to understand the implications of dual approvals, including potential issues with the pending F2A application and adjustment of status records.