What does it mean when my priority date is not current?
If your priority date is not current, an immigrant visa number is not yet available for your category and country of chargeability. It does not mean there is a problem with your petition — it generally means you are waiting for visa availability.
The Visa Bulletin is updated monthly, and cut-off dates can move forward or backward. If the dates retrogress, you may have to wait longer to file or receive final approval. However, your priority date itself does not change and remains your place in line for visa availability.
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The Final Action Dates chart determines when an immigrant visa is available and a case can generally be approved. The Dates for Filing chart allows applicants to take certain steps earlier. For adjustment of status cases, USCIS determines each month whether applicants may use the Dates for Filing chart to file Form I-485. Filing earlier does not make the green card available sooner, but a pending I-485 may allow you to apply for work and travel authorization while you wait for your priority date to become current under the Final Action Dates chart.
| Chart | What it determines |
|---|---|
| Final Action Dates | When an immigrant visa is available and a case can generally be approved |
| Dates for Filing | When applicants may be eligible to file Form I-485 or begin immigrant visa processing earlier, depending on USCIS and DOS filing rules |
If your priority date is not yet current, you generally need to maintain an independent lawful status in the U.S., such as by timely extending your existing nonimmigrant status if you are eligible. For some H-1B holders, an employment-based green card case may also allow extensions beyond the normal six-year limit. The options depend on your current status and what has already been filed or approved, so it is important to plan before your current status expires.
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