My I-526E petition was approved in September 2025, and I filed my Adjustment of Status (AOS) applications—Forms I-485, I-765, and I-131—in October; however, they remain pending until now. My visa category is “Current.”
Should I consider filing with the NVC as well? According to regulations, I am permitted to file with the NVC only within one year of my I-526 approval. If my AOS application remains in “pending” status until Oct 2026, is it possible to request an extension of the filing deadline with the NVC?
Answers
Lynne Feldman
EB-5 Immigration attorneysYou would need an I-824 to change your case to consular processing, unless this was requested originally. Then, I guess you can have both pending and withdraw one when interview scheduled.
Tony W. Wong
EB-5 Immigration attorneysYes, you can still pay the visa fee and file DS260 with NVC to keep your NVC proceedings and you can extend one year. But, there are few factors you need to consider, e.g. whether your child also filed 485 for the purpose of locking his age. If so, you should stay for your I-485.
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysAOS takes at least 12-18 months from filing, and it seems that your case is well within the normal processing times. To request USCIS to transfer your case to the NVC, you need to file Form I-824, adjudication of which takes a long time. Thus, it is highly unlikely that NVC process will be faster than AOS, even if you start it now.
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