An approved I-140 doesn’t put you in line for a green card on its own. Timing does. Most often, delays we see at CoxEsq, PC come from decisions made a few weeks too early or a few days too late or off the wrong chart.

Filing Under the Wrong Visa Bulletin Chart

The State Department publishes two charts each month in the Visa Bulletin, and USCIS announces which chart applicants may use for their case. It does not always choose the same chart for family or employment cases. For September 2026, family-sponsored applicants will use the Dates for Filing chart, while all employment-based applicants must use the Final Action Dates chart.

Assuming Your Work Permit Renews Itself

This one catches people who have done everything else right. The DHS has ended the automatic extension of employment authorization for renewals filed on or after October 30, 2025. Applicants who file to renew after that date will no longer receive an automatic extension, except in limited circumstances written into law or in a Federal Register notice.

Your old card stops working the day it expires, whether USCIS has decided on anything or not. File the renewal application as soon as possible, up to 180 days before the expiration date. A delay in work authorization could cost you your job, which depends on the petition.

Changing Jobs at the Wrong Moment

Portability sounds simpler than it is. Once your I-485 has been pending for 180 days or more and you have a valid EAD, you can change jobs, as long as the new job is in the same or similar occupation as the one described in your original application. If you move before that time, your underlying I-140 may no longer support your case.

The classification piece trips people up more than the calendar does. A promotion into management, or a move from engineering into sales, can break the “same or similar” requirement even when the employer never changes. 

Traveling Without Advance Parole

Leaving the country while an I-485 application is pending, without a valid travel document, is usually treated as abandoning the application. Applicants with valid H-1B or L-1 status are usually exempt from this rule. If you intend to rely on this exception, confirm that it applies to your case before booking anything. The error will be discovered at the airport.

Treating the Application as a Paperwork Exercise

In May 2026, the USCIS issued a Policy Memorandum, PM-602-0199 reaffirming that adjustment of status is a discretionary benefit, rather than an entitlement. It also signals heightened scrutiny in cases where an applicant’s behavior appears inconsistent with the purpose of their admission or current status. Meeting all technical requirements is no longer enough to guarantee approval.

That makes several routine items more important than they once were:

• Your medical exam – Form I-693 must be submitted with the I-485 and not sent later.
• Responding to a request for evidence by the date printed on the notice – late responses are usually denied.
• Reporting an address change to USCIS within 10 days of moving.
• It’s also important to maintain consistency in your application. The dates, job titles, and travel history you provide should match what is already on file with the government.

Get a Second Look Before You File

Our mission at CoxEsq, PC is to help individuals, families and businesses achieve their unique American dream. St Louis immigration attorney, David Cox, brings over two decades of experience in immigration law, as well as a background in government service, private sector and business leadership. This perspective is most important when a case depends on timing rather than eligibility.

If your priority date is approaching and your EAD is about to expire within the next few months, or if you are considering a job change in the middle of the process, contact CoxEsq, PC to review your file plan before the next Visa Bulletin is published.