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EB1 Indian I-485 Approved from CRP Status - Priority Date Issue Resolved
Timeline:
PD: Nov 2019 (ported from EB2)
I-485, EAD, AP filed: Oct 10, 2024 (paper-based filing)
Biometrics: Nov 10, 2024
EAD approved: Dec 10, 2024
AP approved: April 10, 2025
Case transferred to non-local field office: May 20, 2025
The CRP Issue:
July 10: Case status changed to "We are temporarily pausing work on your application because an immigrant visa number is not immediately available to you."
July 15: Contacted Congressman and requested Tier 2 officer callback through Emma live agent
July 18: Received USCIS response: "USCIS received application for adjustment of status on October 10, 2024. At the time the application was filed, an immigrant visa number was immediately available. Since the application was filed, however, the final action date listed in the Visa bulletin has retrogressed or become unavailable. At this time, a visa is not available to the applicant which would allow them to adjust status. As a result, the application will be held in abeyance pending visa availability. Following is information that you may find helpful in understanding and explaining the visa allocation process and how it affects applications for adjustment of status."
The Breakthrough:
July 23: Received Tier 2 officer callback - the officer was incredibly patient and spent 30 minutes investigating. After 20 minutes of research, he discovered that my I-485 had NO priority date in the system, and it had defaulted to my filing date (Oct 10, 2024) instead of my actual priority date (Nov 2019). The officer created a case for NBC to correct my priority date and confirmed I'd receive email notification.
July 25: Received email confirmation about the case submitted to NBC
July 28: Got update from NBC: "Recently, you notified USCIS that your priority date is current. When your priority date becomes current, your case automatically returns to active processing and will be worked in the order in which it was received. Once further action is taken, a notice will be sent to the address of record."
July 29: Spoke with Emma live agent again and created another service request to NBC for priority date correction
Resolution:
Aug 1: Case updated to "New Card being produced" 🎉
I was considering filing a Mandamus lawsuit after waiting 2 more months, but fortunately the case got approved. For anyone stuck in CRP status, I highly recommend reaching out to USCIS through multiple channels - Congressman, Tier 2 officer callbacks, and Emma live agents. Persistence pays off, and one of these channels will eventually help resolve your issue.
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Im sorry we have a 1 year old baby, we are suffering too much.
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My EAD is based on a family petition (I-485 Adjustment of Status). I submitted my application on June 24, and I was originally scheduled for biometrics on July 30. But before that, I had submitted multiple expedite requests due to financial hardship — I was in a really difficult situation, with debt and a job offer I couldn’t accept without the EAD.
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