I-485 Approved EB3 ROW Skilled (Not 75 countries)
Well, this has been one hell of a journey. I can probably blame USCIS for the gray hairs in my beard.
I’ve been in the U.S. for 16 years now. Seven of those years were spent in graduate school, eventually earning a PhD and starting my engineering career. I first applied through NIW with one of the more well-known online immigration law groups. After an RFE, a Notice of Intent to Deny, and an appeal to the AAO in Washington, DC, the entire case was ultimately denied.
At the same time, my immigration path went from OPT, to H-1B, to the full 6-year max, then a 1-year extension, and finally a 3-year extension — all tied to pending USCIS cases.
To make things worse, the company lawyer made a major mistake during the DOL filing process. He failed to mention that I held a Professional Engineering license. Even though that information is publicly verifiable through the engineering board website, nobody bothered to check it, and the filing was returned. That alone set my wife and me back roughly a year and a half.
On top of that, I was also eligible for EB-2, but according to the lawyer, my job description did not fit the category. I was never really consulted about my options, and the case was filed as EB-3 instead. Maybe that was the easier and safer route for the attorney — I honestly don’t know.
Approximate timeline:
• Category: EB3 ROW
• Priority Date: June 2023
• I-140 received: September 2024
• I-140 approved: December 2024
• I-485 received by USCIS: December 2025
• Biometrics: January 2026
• Field Office Transfer: silently transferred to Louisville Field Office (never received notice; only found out through an agent). Previously at Texas Service Center.
• I-485 Approved: May 16, 2026 (Saturday)
I received an “action was taken” email notification, and about 30 minutes later, my derivative case updated as well.
No EAD approvals. No travel document approvals. No interview. No RFE.
We sent medicals, I-485, I-485J, derivative I-131, I-765 — everything together in one package.
I had three FTAs/silent updates - April, May 2, and May 15. Then finally, on May 16, the case was approved.
A few days before approval, I copy-pasted all of the silent update text into ChatGPT, Gemini, and Claude asking for opinions. I mentioned the case was at the Louisville field office. All of them said the signs looked positive, but they overestimated the timeline badly — most predicted July/August at best, or early 2027 at worst. Gemini actually gave the best summary.
This process was exhausting.
My wife was only able to work during the NIW process — until the case was denied. She then received a notice saying she had to stop working and leave the country within 30 days. We had some very difficult conversations about what to do next.
She made the right decision. She resigned from her job, and I personally went to the local USCIS office to surrender her EAD card, because that was required. The staff looked at me like I was speaking another language — not “alien” in the USCIS sense, but genuinely confused about why someone would voluntarily return an EAD. They had to call the office manager just to figure out what I was trying to do.
She left the country within the required 30 days so she could return legally on H-4 status. Then, during her embassy interview abroad, they claimed she had overstayed. We had to present paperwork, passport stamps, and travel itineraries before they finally corrected their mistake and approved her H-4 visa.
At this point, I have stacks of paperwork from USCIS — notices, approvals, denials, cards, receipts — enough to fill boxes.
This process affected my personal life significantly, and at times it put real strain on my marriage. I had mood swings. I felt trapped. Sometimes I even felt like a slave to the process — maybe that’s an exaggeration, but I can’t think of a better word for how it felt living under years of uncertainty.
To everyone still going through this process: I sincerely wish you good luck.
And if you feel stuck, forgotten, or like the system simply isn’t working — stay persistent. Stay stubborn. Keep waiting. Eventually, someone will pick up that pile of paperwork and actually look at it.