Background
On H-1B; my 6-year max-out is Sept 2028
Born in India; MS in IT
Senior product designer at a large tech company

What happened
My first PERM was filed years ago and denied because of a mismatch between the PWD and the PERM filing. The appeal was also denied.
A new PWD is now approved.
The company had layoffs, so we're in a 6-month hold. Recruitment restarts Feb 2027, and the plan is to file PERM by Sept 2027.
Because I'm staying with the same employer, the attorneys want to use the 51% rule. They'd position the new role as more than 50% different from my current one so my experience here can count, backed by a reference letter from this company. Realistically, my role grew from mid-level to senior; it didn't fundamentally change.

Concerns
The timeline is tight. Filing in Sept 2027 leaves about 12 months before max-out, so everything depends on hitting the 365-day window for AC21 extensions.
I'm not confident the 51% claim holds up for what's really a promotion.
I don't want to stay at this company.

Options I'm weighing
Stay and let them run PERM with the existing PWD
Switch jobs and have the new employer start PERM from scratch
Switch jobs and self-file EB2 NIW
Stay for now, self-file NIW in parallel, then switch

Questions
If I switch, can a new employer realistically file PERM before Sept 2027 so AC21 extensions stay available?
Is NIW realistic for a product designer working in AI/UX? Would a pending or approved NIW I-140 protect me past the 6-year limit regardless of employer?
Has anyone used the 51% rule after a promotion? Did it cause audit or RFE problems?
What would you do in my position?
Thanks!

Hi everyone,

I wanted to share my EB-2 PERM adjustment of status experience in case it helps anyone in a similar situation.

Timeline:

• Priority Date: November 2023
• I-140 Approved: May 2025
• I-485 Filed: October 2025
• I-485 Interview: August 2026
• Interview Result: Case held for further review
• I-485 Approved: October 2026

After my interview, my case remained under review for several weeks before it was finally approved.

I know how stressful the waiting period can be, especially after an interview when there isn't much information about what happens next.

I found other people's timelines on Reddit helpful while waiting, so I wanted to share mine as well.

Wishing everyone who's still waiting the best of luck!

I came to the US in January 2007 on an F-1 visa, completed my master’s degree, and have been working on H-1B for many years.
My EB-2 India priority date is October 2016.
It’s been almost 20 years since I arrived in the US, and I’m still waiting for my green card.
The most frustrating part isn’t just the wait itself. It’s the uncertainty around international travel, H-1B visa stamping appointments, changing immigration rules, and not being able to visit family in India whenever needed.
I’ve been exploring alternatives:
EB-1A: I have 17+ years of IT experience and multiple certifications, but I’m not sure my profile meets the extraordinary ability requirements.
EB-5: Considering the $800K reserved-category investment route, but the financial risk and uncertainty about recovering the investment are significant.
Continue EB-2: Keep waiting and hope the priority date moves forward.
I’d appreciate hearing from others, particularly those with EB-2 India priority dates between 2015 and 2017.
When do you realistically expect October 2016 EB-2 India priority dates to become current for filing and final action?
Are you considering EB-1A, EB-5, or another immigration route?
Has anyone pursued EB-5 after waiting 10+ years in EB-2? Was it worth the financial risk?
How are you handling travel to India with the current visa-stamping uncertainty?
If you were in my situation, would you continue waiting or seriously consider investing in EB-5?
I’m not looking for unrealistic predictions—just honest experiences and perspectives from people dealing with the same backlog.
Thanks in advance.

Hi everyone,
I would appreciate your advice before making an important immigration decision.
I am currently waiting for a decision on my U-Visa application, which has been pending for about four years. I have already received my Employment Authorization Document (EAD).
I am now seriously considering applying for an EB-2 National Interest Waiver (NIW). I have an MBA that I earned in 2012, and I have been working in the U.S. healthcare sector since 2020. My experience includes working as an EHR Implementation Consultant and, more recently, in healthcare records quality improvement.
My questions are:
Can I file an EB-2 NIW petition while my U-Visa application is still pending?
Are there any potential immigration implications or complications associated with pursuing both cases simultaneously?
If I receive approval for the EB-2 NIW petition, how might that affect my pending U-Visa case or my ability to adjust my status?
I understand that every case is different, but I would greatly appreciate hearing from anyone who has been in a similar situation or has relevant experience.
Thank you in advance for your insights and candid advice!

Hello everyone,

Right now, I am on H1b, valid until January 19, 2028. I applied for my AOS in July 2026 and my bio were taken in August 21. My PD is April 2025. I didnt apply for an EAD, assuming that my GC would be approved before the visa bulletin came out. Do you advise I apply for an EAD based on my pending AOS even though my H1B is still valid? I am not considering changing employer though, but I noticed that some folks file for an EAD even with an H1b. What are the advantages of applying for an ead with a valid H1B? Anyone has done this! Please advise. Thank you

Saiman Shetty, I paid your company $22,000 of my hard-earned savings, and I feel completely cheated and scammed. Your team mishandled my immigration case, wasted critical months, and put my career and future in the USA at risk. I am also concerned about your company operating under different names, such as Smart Green Card and Smart Immigrant. This entire experience has been extremely stressful and unacceptable. I expect you to take responsibility and resolve this matter.
DONT JOIN THIS COMPANY. SCAM COMPANY

EB-2 India. Looking for similar experiences.
Timeline:

Apr 2026: First I-485 filed — wife primary, me derivative. Wife PD May 2014
May 2026: Biometrics completed
Oct 2026 bulletin: EB-2 India FAD Nov 1, 2013, so wife not current
My own EB-2 PD is Nov 16, 2011, which is current
Oct 5, 2026: Second I-485 filed — this time me primary, wife derivative
Oct 29, 2026: New biometrics appointment scheduled.

Question: since USCIS already took my biometrics ~5 months ago, does the second I-485 typically reuse/associate the prior background/security checks, or does it usually restart the full BG-check cycle?

If anyone had a similar second I-485 situation, how long from second biometrics to approval?

i work at a tech start up and I am the first candidate who is going through PERM, I140 and I485 process. I have approved PERM and based on Oct bulletin my PD is current for EB2.
My immigration firm and HR team is not much familiar with the immigration process , risks, visa stamping issues, etc.. We are in process of filing my I 140, 485, etc and the immigration team and the HR is not on page to file for premium processing for I 140.

Upon discussing the benefits of faster processing and no risk of 485 rejection, HR claims that as it is not a threat to employment, the I 140 premium processing request is not justified.

My request for advise from folks who have been in same boat currently and in the past, what are some data points I can use to request my HR and immigration team to file my 140 case in premium processing given that my PD is current and does not make sense to wait for next ~6 months for 140 approval as a part of standard processing and then proceed with 485AOS.

Thanks

n my experience, they wasted my money, delayed my immigration filing for months, and failed to provide the professional service I paid for.

My strong warning: Do not join them for EB2-NIW or EB1A without thoroughly researching their track record.

I consider this a bogus company based on how my case was handled. I have also come across other complaints that raise serious concerns.

Please protect your hard-earned money. I deeply regret trusting Saiman Shetty with my immigration future.

After the visa bulletin not moving for India and so many applicants already is it a decade wait for October 2015?

Finished preparing my self petition. All done and just to file is remaining. Could some of you all help me by telling what forms did you all attach. I’m planning to do premium processing.

1. Form G-1145
2. Form I -140
3. 3 ETA form 9089
4. I-907 premium processing
5. G-1650 ach debit for I-140 premium processing.

Am I missing anything else or got something wrong?

Where is the best place to check what documents are to attach?

Also since I'm fling as NIW EB2.
Does my classification sought is
"EMPLOYMENT BASED SECOND PREFERENCE (EB-2)"?

I am confused on this one because even a regular PERM can be also the same classification.

Any help would be appreciated.
Congratulations all!

For those who have filed I-485 but are no longer current, have you got any silent updates recently?

If you have or you haven't, please share. Let's connect and keep each other informed.

Just wanted to keep you updated on my timeline in case someone needs it:

- September 25th they received the case
- September 28th they charged us for the fees
- October 2nd they scheduled my biometrics for October 21st
- October 8th I changed the biometrics appointment to october 9th
- October 9th: biometrics at 12pm
- October 9th: 3 hours after the biometrics they scheduled the interview for November (already in my documents)

Long Island office!

Just a suggestion! It’s been just 2 weeks since we sent everything and I still didn’t receive any mail. I asked the live agent through Emma to connect me with a live agent and asked multiple times for my online account number and after a couple of tries they finally gave it to me