Dr. William:

My I-485 application has been pending for about one year, and I am working on EAD now. With the visa number retrogressed for EB3 Indians and Chinese, is it still possible for me to extend the EAD after one year term when the visa number is not available at this time? 

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A: When the visa number retrogresses, question arises for the pending I-485 application and eligibility for EAD, during the period of no visa number for some EB3 applicants. Usually, USCIS will hold the I-485 applications in the status of pending, and may issue the extension of EAD. 

When visa number retrogresses, the consular processing of immigrant visa is different from I-485 option in that neither EAD nor Advance Parole will be available during the period of visa number unavailable.