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After PERM: I-140 to green card

Your priority date retrogressed after you filed: what happens now

The visa bulletin moved back after your I-485 went in. The application stays pending, and your work permit and travel document continue. What changes.

PERM Tracker data desk 5 min read
How the EB-2 India cutoff has moved, forward and back, bulletin by bulletin
Screenshot of permtracker.app, October 17, 2026

This guide is for someone whose I-485 went in while their priority date was current, and who has just watched the visa bulletin move the cutoff back past it. The answer is calmer than the moment feels. Your application stays pending, your work permit and travel document stay available, and USCIS picks the case back up when your date is current again.

Two things USCIS says plainly

"An immigrant visa must be available to the applicant both at the time of filing and at the time of adjudication." And: if the date "no longer meets the cut-off date published in the Visa Bulletin, due to retrogression, his or her case must be held in abeyance until a visa once again becomes available." Both are from USCIS's visa retrogression page.

What stays, and what changes

After retrogression Source
Your I-485 Stays pending. USCIS can't approve it until your date is current again USCIS retrogression page
Where it's held At the service center where you filed if no interview is needed. After an interview, at the National Benefits Center USCIS retrogression page
Work permit (EAD) You can keep applying for it on the pending I-485 USCIS retrogression page, 8 CFR 274a.12(c)(9)
Travel (advance parole) You can keep applying for it. Leaving without it abandons the I-485, unless you return in valid H-1B or L-1 status to the same employer 8 CFR 245.2(a)(4)(ii)
Changing jobs Once the I-485 has been pending 180 days, a same or similar job can carry it INA 204(j), 8 CFR 245.25
Your priority date Unchanged. The cutoff moved, your date didn't 8 CFR 204.5(d)

USCIS's page says people who filed before retrogression "can generally apply for" employment authorization on Form I-765 and permission to travel on Form I-131.

The two points to plan around

The work permit renewal. A long hold means more EAD renewals, and since October 30, 2025 a renewal no longer extends your old card while it waits. File each renewal as early as USCIS allows. The EAD renewal guide gives the dates.

Travel. On advance parole, the I-485 isn't abandoned if you were "previously granted advance parole by the Service for such absences, and was inspected and paroled upon returning" (8 CFR 245.2(a)(4)(ii)(B)). H-1B and L-1 holders returning to the same employer with a valid visa are covered too ((a)(4)(ii)(C)). Before any trip, read the alert on USCIS's I-131 page about the August 13, 2026 Board of Immigration Appeals decision in Matter of Delcarmen-Lara, which changed how a departure on advance parole is treated for some people.

Will the date come back?

Usually, though nobody can say when. USCIS's own words: "When the new fiscal year begins on October 1, a new supply of visas is made available and usually, but not always, returns the dates to where they were before retrogression."

What you can watch is the line itself:

  • Every category line has its own page showing where the cutoff stands on both charts and how it has moved a fiscal year at a time, so you can see how far your line has fallen back before and how long it took to recover.
  • The visa bulletin page takes an email address and writes the day a new bulletin is published.
  • Your place in line counts the people USCIS reports ahead of your date, and I-485s by field office shows where they're waiting.

None of these forecasts a month. Where the site prints a pace measured from past bulletins, it prints beside it how far that pace has been off before, and it's often far.

What to do now

1

Do nothing to the I-485

It doesn't need refiling, and withdrawing it would cost you its filing date and the 180 days toward portability.

2

Keep your address current with USCIS

USCIS may send a request for evidence or an interview notice while the case is held. A missed notice is the real risk here.

3

Keep your status if you have one

An H-1B kept current means a gap in the EAD doesn't stop you working for the H-1B employer.

4

When the date is current again

USCIS says that if you haven't heard from it "within 30 days of your visa availability", contact the USCIS Contact Center.

If a child is close to 21, ask the attorney about the Child Status Protection Act now. How long the bulletin keeps a date back can change a child's CSPA age, and USCIS's Policy Manual, Volume 7, Part A, Chapter 7 sets out how it's counted.

Nothing here is legal advice. The attorney on the case can say how the hold affects your specific plans.

What this guide can't tell you

  • When your line will be current again. The State Department sets each month's cutoffs, and the bulletin carries no forecast that holds.
  • Whether USCIS will need anything more. A held case can still get a request for evidence.
  • Whether the next bulletin moves back further. It can, and the bulletin gives no warning beyond its own notes.
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