My spouse has a MS in Engineering and has been working with Aircraft Industry since 2001. He started his Green Card process back in December of 2001. We got married in 2003 and by September of 2003, we had an approved I-140 and we both got our EAD. We have been waiting since then [September of 2003] to get our I-485 approved. We get our advance parole renewed every year and had our EAD renewed 6 times so far. All colleagues who had applied around the same time as my husband got their I-485 approved and GC granted in 2005-06. The attorney we are working with started filing people with the same qualifications as my husband for similar job positions on EB2 now.

I understand the current date for EB3 for India is April 2001. What are the chances that December 2001 will become current before the quota becomes unavailable this fiscal year? Also, if we do not get our GC approved this fiscal year and the dates retrogress again next year, will it be wise to move my husband’s case from EB3 to EB2 and how long EB2 processing will take. And in that case will he have to start from scratch?

Is there anything we can do to find out what is happening with our case and why such a delay? Any suggestions and advice is welcome.

We appreciate your time and response.