If you are already working for your sponsor and have questions about Retrogression, check out this article: Retrogression and Post-hire.

The Visa Bulletin is issued every month by the Department of State. It shows which green card applications can be filed, and which filed applications are ready for green card issuance.
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Retrogression happens when there is an increase in demand, and the government must create a “cut-off” date for which green card applications can be filed and which green cards can be issued.
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If you have a pending green card application but your priority date (i.e. your place in line) has retrogressed, this means that your green card cannot be issued yet. During retrogression, you will still receive your EAD/AP and you can legally remain in the U.S. as an “AOS applicant”.

Regarding your individual priority date, it is the date the Labor Certification (LC) was filed. Think of the priority date as your place in line, because it determines when your green card application can be filed and when your green card can be issued. You can find this filing date on your LC.
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No, we do not allow clients to delay their start date. You have an I-140 approval and green card based EAD, and you must start work using the EAD. Your sponsor is facing a chronic labor shortage and needs you to start work as soon as possible. Failure to timely start working for your sponsor could result in your sponsor withdrawing their sponsoring of your EB-3 petition, which will impact your pending green card application.
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In addition, USCIS can inquire whether you have the intent to work the unskilled job before they issue your green card. This inquiry can happen during a 485 interview or during a random visit from the USCIS immigration officer at your worksite or home.
​The best evidence you can provide of your intent is proof that you have already started working in the unskilled role.

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No, we do not allow clients to delay their start date. You have an I-140 approval and green card based EAD, and you must start work using the EAD. The pending I-485 grants you a period of authorized stay in the U.S. (as an “AOS Applicant”) while your I-485 is pending. Because your I-140 is already approved, and I-485 is receipted and pending, our attorney has advised that you are allowed to drop the F-1 status and start working for your sponsor.

Your sponsor is facing a chronic labor shortage and needs you to start work as soon as possible. Failure to timely start working for your sponsor could result in your sponsor withdrawing your sponsoring of your EB-3 petition which will impact your pending green card application.

If you have an approved I-140, unless you have an inadmissibility concern (such as status violations or criminal record), most likely there will not be issues with the I-485 application. If there were risks with your I-485 application, this would have been flagged to you by your attorney before I-485 was filed.

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In the extremely rare event that your I-485 is denied, you will then need to depart the U.S. for Consular processing. Because the risk of denial is rare – and any risk should have been flagged to you by your attorney at the I-485 filing stage – we require clients to start working for their sponsors once their I-140 is approved and EAD is issued. Your sponsor has a chronic labor shortage and needs you to start working as soon as possible.

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If you work for your employer for 1 year on EAD and your green card is still pending, we recommend that you continue working for your sponsor to avoid issues with your pending green card application. USCIS may ask whether you have the intent to work the unskilled job to issue your green card, and the best evidence you can provide is proof that you are already working in the role.

We generally do not recommend switching employers while the I-485 is still pending. However, after you complete your 1 year with your sponsor, if your I-485 is still pending, you may be able to switch to a new position that is in a "same or similar occupation".

Please reach out to an immigration attorney for a legal evaluation and risk assessment after completing 1 year of work. If your attorney advises that you can switch to a different employer in a "same or similar occupation", they will need to submit a Supplement J form to the government. Please note that this legal work is an additional fee, and it is not included in your contract with BDV.
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We highly encourage you to keep working for your sponsor until you get your green card.
The following things could occur while you are waiting for your 485 approval:
1) You could receive a USCIS officer visit. The officer could check in to make sure you are working. If you are still in your EB-3 job, your 485 is quite likely to be approved.
2) You could receive a request for a 485 interview. Even if you have already had one. USCIS may request another. At this interview, they may request current paystubs to show you are working full-time.
3) You could receive an RFE requesting evidence of current employment with an EB-3 sponsor.
If you are not working for your sponsor at the time you receive any of these requests, your case will be at risk of not being approved.
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We understand that it's very difficult to consider working during retrogression for an indefinite amount of time. You may decide to get a second job to make ends meet (as long as it doesn't conflict with your sponsor's schedule). You may also check out this article with tips about how to save and live on a budget while you are working your EB-3 job.

BDV's Government Relations Team is responding to Retrogression in several ways, as you can read about in this article.