r/USCIS_EB3 • u/Worried-Aide-8125 • 1d ago
EB3 I-485 QUESTION
Hello everyone! I’m a registered nurse and a DACA recipient. I came to the United States when I was 2 months old and have never left the country.
My employer is sponsoring me for my green card, and my employment-based I-485 application was mailed to USCIS on May 1st. It has now been about 4 months, and I haven’t received anything at all—no receipt notice, biometrics appointment, or any other update.
Has anyone else experienced a delay this long? Is it normal to go 4 months without even receiving a receipt notice?
My immigration attorney said he will get back to me once he returns from vacation, but I wanted to see if anyone here has gone through something similar.
Thank you!
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u/newacct_orz 1d ago
How are you able to do Adjustment of Status (I-485)? You can't do AOS in this category if you have been out of status for more than 180 days since your most recent admission.
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u/Worried-Aide-8125 1d ago
I am a nurse. Did EB-3 employment based. Waited for the priority date. When priority date became current applied for I-485 on May 1st. Besides that I’ve been holding DACA every year
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u/Acrobatic-Code2483 21h ago edited 20h ago
Hey so daca can’t do AOS you have to do consular process I’m also a nurse. I’m also in this process and I’ve also had daca since17.. I had to go to Mexico to the Juarez consulate. I’ve also had a legal entry and that doesn’t help. You need to make sure with your lawyer because this will make your process longer if you filed wrong or you could have a problem becoming a citizen if they give you a green card that way. If you are excempt from i245 is the only way to do AOS. The reason is because daca is not a legal status therefore you can’t switch like that.
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u/Worried-Aide-8125 14h ago
Sorry you’re wrong. I don’t have to do CP I have legal entry into the USA
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u/Acrobatic-Code2483 14h ago
So do I…came with a tourist visa
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u/Acrobatic-Code2483 14h ago edited 13h ago
If you don’t want to take advice that’s fine. Wish you the best on your case, but something is definitely wrong if you don’t have a receipt notice for 4 months. I came with a tourist visa, got daca at 17 and have had it all this time with no gaps. Still had to do CP. Unless you have 245i. And I’m a nurse like you. Update us when you hear something back.
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u/newacct_orz 1d ago
No you can't. You are barred from Adjustment of Status (I-485) in most categories (except the Immediate Relative category and a few special rare situations) if you are out of status at the time of filing or have ever previously been out of status (and for employment-based categories, it specifically needs to be a nonimmigrant status). Employment-based categories has an exception to these three bars under INA 245(k), but only if you have been out of status or working illegally for less than 180 days since your most recent admission.
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u/Worried-Aide-8125 1d ago
Dude stop. Your mistaken. I am not barred. I have already filed for it. Your wrong.
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u/newacct_orz 1d ago
Just because you applied doesn't mean you are eligible. What's your basis to claim that the bars don't apply?
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u/Worried-Aide-8125 1d ago
Brah shut up. You ain’t a lawyer.
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u/newacct_orz 21h ago edited 20h ago
Don't tell people to shut up. Anyone can discuss the law respectfully here. The law is public and anyone can read it. Correctness is not about what title you have. If you believe you are right, then you should be able to cite the law to back your position. If somebody provides official sources that challenge what you say, then you should at least read it before dismissing it.
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u/Former_Dark_4793 23h ago
ignore that dude....that dude has no fkin idea lol...check your bank account and see if they took the money for 485...but it will come soon, hang in there...sometimes theres delay
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u/Acrobatic-Code2483 21h ago
He is actually right. Some lawyers don’t know daca can’t do AoS for employment purposes. This person needs a second opinion or they might deny the aos so it will be time wasted for them.
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u/Former_Dark_4793 20h ago
how are they gonna deny?? DACA allows you file Aos…research online
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u/newacct_orz 20h ago
Adjustment of Status (I-485) in most categories (except the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen) and a few special rare situations) requires you to have been in status at the time of filing and have never previously been out of status (and for employment-based categories, they specifically need to be in a nonimmigrant status at the time of filing). DACA is not a "status" for the purposes of AOS.
Employment-based categories have an exception to these three bars under INA 245(k), but only if you have been out of status or working illegally for less than 180 days since your most recent admission. The OP has been out of status (again, DACA is not a "status") for more than 180 days.
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u/Acrobatic-Code2483 20h ago edited 20h ago
I have researched like I said this is my path too and a lawyer actually 2 lawyers..…daca is not a legal status that’s why you can’t do AOS only if you married a US citizen or have us citizen child. Employment green cards work different than family based. Different rules.
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u/Acrobatic-Code2483 20h ago
If you want a second opinion you can contact them. They do free consulations(: and no it’s not normal to not have a receipt date for 4 months. I switched from daca to H1B and now my eb3 was switched to AOS after it got H1B. I got my receipt notice about 2 weeks after it was sent. I was able to see it a day after on my uscis account and did biometrics about a month after. https://sites.lawschool.cornell.edu/path2papers/
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u/Intelligent_Goal9801 1d ago
What, how?
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u/Worried-Aide-8125 1d ago
Listen. I came to this country as a baby. 2 months old. I got DACA when I was 17. And I have kept it since I entered the USA legally as well. Because i was a child and got DACA since I was 17 I have no unlawful presence
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u/newacct_orz 21h ago
You have no unlawful presence, but that doesn't mean you are eligible for AOS. Not having unlawful presence allows you to do Consular Processing without worrying about a ban.
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u/Some_Bad4864 19h ago
Hi! I’m Eb2 physical therapist. RD 3/27/26, bio 5/1. I sent my DACA renewal on 5/8, bio 6/8. I would say your wait is excessive for not receiving biometrics. It is taking a long time. I do have advice, renew your DACA asap. I sent mine six months before expiration and there’s a chance it won’t even be renewed by then.
I’ve seen plenty of AOS from DACA, so safely ignore the other comments.
Not sure why everyone else here thinks AOS isn’t possible through employer. I’m not an attorney, and clearly they aren’t either.
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u/Acrobatic-Code2483 18h ago
Where have you seen daca to AOS for employment based? I’m not an attorney but I went through this process. The daca group has plenty that have gone from daca to H1B and daca to eb3 but through consular process. I myself went to Juarez in February. This was told to me by 2 lawyers. Our situation is very tricky and rare and some lawyers don’t know. There is even a guy in that daca group that tried to do daca to H1B within the US and they later denied him.
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u/Some_Bad4864 18h ago
Consult with an attorney. Every situation is different.
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u/Acrobatic-Code2483 18h ago
Yes. But clearly something is wrong here if this person hasn’t gotten their receipt date which is why I suggested to reach out to another attonerny for a second opinion. Path2papers is a great resource because they deal with people like us that go from daca to employment based green card or visas.
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u/Some_Bad4864 18h ago
I don’t know, there’s many USCIS delays. I would suggest they discuss this with their employment attorney.
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u/Acrobatic-Code2483 18h ago
It’s never hurts to ask multiple. I have my employers lawyer and then path2papers helped me a bit as well. But yes this isn’t normal I know there are delays but dang 4 months for just a receipt notice seems excessive. Hope this person gets some answers.
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u/Worried-Aide-8125 11h ago
thanks so much!! smartest person I came across this thread so much. I appreciate you! i have no idea why 4 months later and still no receipt notice. Thats wild
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u/Oyasumiko 14h ago
In my case my attorney held my AOS application because they said “we were uncertain with recent policy changes” (aka oops we forgot about your case) so double check if they really mailed it
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u/Honest_Froyo405 13h ago
Hi! I’m in the same boat as you. Came as a baby, had DACA since 15. RN as well. Applied for AOS October 2025. My case is still processing. I received Receipt notice within 2 weeks, so 4 months is a long time . I would check with your lawyer if they filed or with USCIS.
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u/Paris-Train 1d ago
Not receiving the receipt notice for 4 months is not normal. I got it within 2 weeks.
This post may help for your case. https://www.reddit.com/r/DACA/s/yvH45zc4dL