Recent EB2/EB3 retrogression affecting GC

Hi Anil,

I hope I can stop asking you questions, but still have not gotten my GC in hand :slight_smile: . So, here it goes.

Story starts:
PD EB2 June 2011
Couldn’t apply for GC for couple of years during the pandemic because of big paperwork delays.
Got PERM approval in Sept 2022 with new employer.
Concurrent 485/765/131 filing on Oct 2022
EAD received on Dec 2022
Biometric on early March 2023
EB2 retrogressed to Jan’2011
EB3 i140 approved and i485j TUB filed on May 2023
EB3 retrogressed to Jan’2009

Can’t believe our bad luck, huh!!

My questions are:
(A) Both EB2 & EB3 i140 approved. EB2 AOS is already past 180 days with the employer. For EB3, 180 days will be around Nov’2023.

  • If we change to another employer after Nov’23, can I use both EB2 and EB3 pending AOS application ?
  • If we change (i485j TUB only) to EB2 on Oct’23 because the date is current on Final Action, does 180 day clock reapply ?

(B) When do you feel EB2 will become current on FA (June 2011) ?


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You said that you have filed EB3 TUB, which means that EB2 i485 has been moved to EB3.

So, only one application is active right now unless you filed EB2 and EB3 separately and not TUB.

180 day clock should restart if you file TUB.

I think that date should get current in Oct 2023 bulletin.


If we have to change to another employer due to unforeseen circumstances, how will the job portability and EB2/EB3 work because we already have the EAD ?

  • will we port EB3 ?
  • will we be in a position to upgrade to EB2 when needed ?
  • can you do TUB upgrade even when the FA is not current ?


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