D 3
Dec 3, 2025
Denied Expidite Request - Help, :(
As a recap, approved EB1A, ROW, applied for both me and my husband's i-485s and my i-765 (EAD) on March 24th. Biometrics on April 17th.
Almost everyone who applied for their i-485 based on EB1 has seen approvals within 2-4 months.
As my STEM OPT is expiring on January 8th, I requested to expidite my i-485 and i-765 based on severe financial loss.
The EAD expidite is still under review, but I received a denial to expidite the i-485 based on something that does not make sense. They said:
"Unfortunately, USCIS will not be able to expedite the processing of your petition because your relative's priority date is a significant period away from the date currently eligible for visa issuance, or a visa is currently unavailable for their preference category".
1. Why does it read like a family-based petition and not employment-based?
2. Even if they were talking about me or my husband, we are both ROW and our PD is current.
3. While I do have an approved EB2-NIW, with a PD of 02/22/2024, so technically THAT is still not current, but for EB1 for ROW is current.
When we filed the AOS petition (with our lawyer), we put the PD as 02/22/2024, since this is my earliest PD ever. Even on the approval notice of my EB1A, the PD is 02/22/2024, as a PD is the earliest place you have "in line for a green card", but they should always compare what your underlying petition is for the green card to your PD.
Since the underlying petition for AOS we used was EB1A, their denial doesn't make sense.
I called USCIS, instead of transferring me to a tier 2 officer, all they said was for me to submit another expedite request. They also said "since you requested your EAD to be expidited, why do you want to expidite the i-485?", which again, doesn't make sense because I tried to tell him that this is a mistake that has to be rectified, even if my EAD was approved.
I'm going to lose my job because of this in a month. I spent $3,300 of money I do not have for O1 premium processing that my employer's lawyers say they might not get it done in time. Maybe USCIS will deny it or issue an RFE... who knows...
What can I do??? Is this a mistake? Am I misunderstanding the reason for denial?
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Andy GeeDec 4, 2025
My O1 was approved in 2 days after it was filed. Have your employer ask the lawyers prioritize the O1 filing.
Molly PDec 4, 2025
ugh I’m sorry to hear that I’m waiting too. which service center or field office are your files in? hoping you get the EAD I’m so sad as I see cases flying by but mine is taking forever.
Bia BeeDec 4, 2025
try to request through a “call”
A PDec 5, 2025
how many days after ur online request for expedite you are expected to get a reply from USCIS?
Al ODec 5, 2025
there is no expedite for i-485 officially; but your status remain lawful.
Max Verstappen 3d
ah happened with me. this PD is not current shit. but mine was at filing level. it seems like they reused the A number of your spouse and assigned it to someone else. please try to use all means to get this fixed
uscis tier 2 call, senator, congressman, WOM,
