1. Quick Answer: What Happens After I-140 Approval?

If USCIS has approved your I-140 but your priority date is not current, your approved petition generally remains approved while you wait for visa availability, unless it is subsequently revoked or otherwise affected by an applicable legal ground.

You do not automatically receive a Green Card, an Employment Authorization Document (EAD) or permission to remain in the United States simply because your I-140 has been approved.

Your next steps depend on whether you are applying from inside or outside the United States.

2. Latest 2026 Update: US I-140 Approved Priority Date Not Current 2026

As of 31 October 2026, the Department of State has published its November 2026 Visa Bulletin for Fiscal Year 2027. This is particularly important for applicants planning their next steps from November 1, 2026.

The November bulletin provides separate Final Action Dates and Dates for Filing for employment-based immigrant visa categories. USCIS has also designated the November Dates for Filing chart for employment-based adjustment-of-status applicants.

This means some applicants whose priority dates are not yet current for final Green Card approval may nevertheless become eligible to submit Form I-485 in November, provided they meet the applicable filing date and all other adjustment-of-status requirements.

November 2026 employment-based Final Action Dates

The following table summarises the November 2026 Final Action Dates for the main employment-based categories.

November 2026 Dates for Filing

For employment-based adjustment-of-status filings in November, USCIS has authorised the Dates for Filing chart. The applicable cut-off dates are:

Important: A priority date must be earlier than the listed date. A date equal to the cut-off date does not qualify under that date-based rule.

What does this mean for Indian professionals?

Consider an Indian professional with an approved EB-2 I-140 and a priority date of June 2016.

• The November 2026 EB-2 India Dates for Filing cut-off is January 15, 2015.
• The applicant’s June 2016 priority date is later than the filing cut-off.
• The applicant cannot file Form I-485 in November based on that EB-2 priority date.
• The applicant must continue monitoring future Visa Bulletins and maintain valid immigration status where applicable.

Now consider an applicant with an EB-2 India priority date of December 2014. That date is earlier than January 15, 2015. The applicant may be eligible to file Form I-485 in November if all other requirements are satisfied.

Official references:

• US Department of State – Official Visa Bulletin
• USCIS – Adjustment of Status Filing Charts

3. Understanding I-140 Approval and Priority Dates

To understand what happens after an I-140 approval, it is important to distinguish between an immigrant petition and an available immigrant visa number.

What is Form I-140?

Form I-140, Immigrant Petition for Alien Workers, is filed with USCIS to establish that a foreign national qualifies for a particular employment-based immigrant classification.

Depending on the category, the petition may be filed by a US employer or by the applicant personally under an eligible self-petition route, such as EB-1 extraordinary ability or EB-2 National Interest Waiver.

In employer-sponsored cases, USCIS generally examines matters such as:

• Whether the offered position qualifies for the requested employment-based category.
• Whether the beneficiary meets the education, experience and other qualification requirements.
• Whether the employer has a genuine permanent job opportunity where required.
• Whether the employer satisfies the applicable ability-to-pay requirements.
• Whether the supporting labour certification and petition documentation are valid, where required.

Once USCIS approves the petition, it confirms that the applicant qualifies for the requested immigrant classification based on the evidence and legal requirements considered in that petition.

What is a priority date?

A priority date determines an applicant’s place in the employment-based immigrant visa queue.

For most employer-sponsored EB-2 and EB-3 cases requiring PERM labour certification, the priority date is generally the date the Department of Labor accepted the PERM application for processing.

For cases that do not require PERM, such as certain EB-1 petitions and EB-2 NIW cases, the priority date is generally the date USCIS properly received the qualifying Form I-140 petition.

Your priority date should be confirmed using the relevant petition and official USCIS notices.

Why is the priority date important?

The US government limits the number of employment-based immigrant visas available each fiscal year. When the number of qualified applicants exceeds the available supply, the Department of State establishes cut-off dates.

Your place in the queue is determined by comparing your priority date with the relevant date in the Visa Bulletin.

4. How to Read the Visa Bulletin When Your Priority Date Is Not Current

The Visa Bulletin is one of the most important documents for employment-based Green Card applicants. It is published monthly by the US Department of State and shows when applicants may proceed based on their category and country of chargeability.

There are two charts that every applicant should understand.

A. Final Action Dates

The Final Action Dates chart determines when an immigrant visa number is available for final approval or issuance.

When your priority date is earlier than the applicable Final Action Date, and all other requirements are satisfied, your case may become eligible for final action.

If the category is marked C, it means current, indicating that there is no priority-date cut-off for that category in the chart.

B. Dates for Filing

The Dates for Filing chart indicates when certain applicants may begin submitting the required documents or file Form I-485, depending on the processing route and applicable government instructions.

For adjustment-of-status applications, USCIS decides each month whether applicants must use the Dates for Filing chart or the Final Action Dates chart.

For applicants pursuing consular processing, the Department of State and National Visa Center use their applicable document-submission procedures.

Difference between the two charts

What does retrogression mean?

Visa retrogression occurs when a cut-off date moves backwards instead of advancing. This can happen when demand for immigrant visas is higher than the government anticipated or when annual visa numbers approach their limits.

For example, an applicant may become eligible for filing in one month but find that the applicable cut-off date moves backwards in a later month.

Retrogression does not automatically cancel an approved I-140. However, it can affect whether a new Form I-485 may be filed or whether an already pending adjustment application can receive final approval.

Official reference: Read the US Visa Bulletin.

5. EB-1, EB-2 and EB-3: Which Employment-Based Category Applies to You?

Your employment-based preference category determines which Visa Bulletin row you must monitor.

EB-1: First Preference

EB-1 is intended for certain priority workers and is divided into three principal classifications.

• EB-1A: Individuals with extraordinary ability in sciences, arts, education, business or athletics.
• EB-1B: Outstanding professors and researchers who satisfy the applicable requirements.
• EB-1C: Certain multinational managers and executives.

EB-1A applicants may self-petition without a specific employer job offer, provided they meet the legal criteria. EB-1B and EB-1C generally require an appropriate employer petition.

Although EB-1 is often attractive because of its preference level, it is not automatically current for every country. India and China can have separate cut-off dates.

EB-2: Advanced Degree Professionals and Exceptional Ability

EB-2 generally covers professionals holding an advanced degree or a bachelor’s degree followed by at least five years of progressive post-baccalaureate experience in the specialty, as well as individuals with exceptional ability in qualifying fields.

Common professional backgrounds include:

• Senior engineers and technical specialists.
• IT architects and technology leaders.
• Healthcare professionals meeting the relevant classification requirements.
• Finance, business and management professionals.
• Research and scientific specialists.
• Other qualified professionals with advanced credentials or exceptional ability.

Most EB-2 cases require a permanent job offer and labour certification. However, applicants may qualify for a National Interest Waiver if they satisfy the applicable legal test. An NIW applicant can generally self-petition without a permanent job offer or PERM labour certification.

EB-3: Skilled Workers and Professionals

EB-3 includes skilled workers, professionals and certain other workers.

• Skilled workers: Positions requiring at least two years of training or experience.
• Professionals: Positions requiring at least a US bachelor’s degree or foreign equivalent.
• Other workers: Certain permanent positions requiring less than two years of training or experience.

Most EB-3 cases require a US employer to obtain an approved PERM labour certification before filing Form I-140.

Official classification information: US Department of State – Employment-Based Immigrant Visas.

6. Eligibility While Waiting for Your Priority Date

An approved I-140 can be an important foundation for your future permanent residence application. Nevertheless, your eligibility to remain in the United States, work, travel or file another immigration application depends on separate legal requirements.

Maintain valid nonimmigrant status where required

If you are living in the United States on H-1B, L-1 or another nonimmigrant status, you must continue complying with the applicable immigration requirements.

An approved I-140 does not independently extend your existing nonimmigrant status. It also does not automatically authorise employment with a different employer.

H-1B extensions beyond six years

Some H-1B workers with long-pending employment-based Green Card processes may qualify for extensions beyond the standard six-year limit under the American Competitiveness in the Twenty-First Century Act (AC21).

Two important provisions are:

• One-year extensions: Certain workers may qualify when the qualifying PERM application or I-140 has been filed at least 365 days before the requested extension period, subject to applicable requirements.
• Three-year extensions: Certain beneficiaries with approved I-140 petitions may qualify when they cannot obtain permanent residence because of applicable per-country or preference-category limitations.

These extensions are not automatic. The employer must file the appropriate H-1B petition, and USCIS must determine eligibility.

Can you work while waiting?

If you are maintaining valid H-1B status, you may continue working under the conditions of that status. If you have an independently valid employment authorisation document, its terms govern your work authorisation.

Applicants who have not filed an eligible adjustment-of-status application should not assume that an approved I-140 provides an independent right to work.

Can you travel internationally?

Travel depends on your current immigration status, visa validity, pending applications and any applicable travel document requirements.

For example, an applicant with a pending Form I-485 who intends to travel internationally should examine the advance parole rules and applicable exceptions before leaving the United States. Certain departures without appropriate authorisation may result in abandonment of an adjustment application.

Always review your individual situation with qualified immigration counsel before international travel.

7. Salary and Employer Requirements After I-140 Approval

One common concern among experienced professionals is whether their salary must increase while they wait for their priority date to become current.

The answer depends on the underlying employment-based classification and the employer’s continuing obligations.

Does an approved I-140 require a new salary?

There is no general rule requiring every I-140 beneficiary to receive an automatic salary increase simply because the petition has been approved.

However, employer-sponsored cases involving PERM labour certification and a permanent job offer have specific wage and ability-to-pay requirements.

Employer’s ability to pay

For applicable employer-sponsored I-140 petitions, the employer generally must demonstrate the ability to pay the proffered wage from the priority date until the beneficiary obtains permanent residence.

USCIS may examine evidence such as:

• Annual reports.
• Federal income tax returns.
• Audited financial statements.
• Payroll records and wage payment evidence.
• Other relevant financial documentation.

The employer’s ability to pay is not established solely by the employee’s current salary. USCIS evaluates the evidence under the applicable regulations.

Prevailing wage and PERM requirements

For PERM-based cases, the employer must comply with the Department of Labor’s permanent labour certification requirements. This includes obtaining the required prevailing wage determination and conducting the prescribed recruitment process.

The prevailing wage is associated with the offered position, its location and applicable occupational requirements. It is not a universal salary threshold that every Green Card applicant must earn.

What happens if your salary changes?

A salary increase does not automatically invalidate an approved I-140. A reduction in salary, job restructuring, change of location or change in employment conditions may, however, require careful review.

Applicants should distinguish between a routine compensation adjustment and a material change to the underlying job offer.

For official wage information, visit:

• Department of Labor – Prevailing Wage Information
• Department of Labor – PERM Labour Certification
• Bureau of Labor Statistics – Occupational Employment and Wage Statistics

8. Employment-Based Green Card Quota and Country Limits

The US employment-based immigration system operates under annual numerical limitations. This is one of the main reasons an approved I-140 may not immediately lead to permanent residence.

Annual employment-based visa allocation

The Immigration and Nationality Act generally provides an annual minimum of 140,000 employment-based immigrant visas. The available numbers are distributed across five preference categories, subject to statutory allocation rules.

Unused numbers may be allocated to other preference categories under the statutory rules. The actual number available in an individual category may therefore differ from its basic allocation.

Per-country limitations

The general per-country limit for preference immigrants is 7% of the combined annual family-sponsored and employment-based preference limits, subject to the applicable statutory rules and exceptions.

When demand from a particular country exceeds available visa numbers, a separate cut-off date may be established for that country.

This is why two professionals with identical qualifications and the same EB category may face very different waiting periods based on their country of chargeability.

Why are India and China treated separately?

India and mainland China have substantial demand in several employment-based categories. As a result, applicants from these countries frequently encounter separate and more restrictive cut-off dates than applicants from countries without the same level of demand.

Country of chargeability is generally based on place of birth rather than simply citizenship or current residence. Certain cross-chargeability rules may allow an applicant to use a spouse’s country of birth in appropriate circumstances.

Can the quota change?

Yes. Visa numbers and cut-off dates may change according to statutory allocations, demand, usage, unused numbers transferred between categories and government projections.

There is no guaranteed annual date by which every applicant will receive a Green Card.

9. What Happens Next? Nine Important Steps After I-140 Approval

If your priority date is not current, you should treat the waiting period as an opportunity to prepare rather than simply waiting for an update.

Step 1: Confirm your I-140 approval details

Review your I-797 approval notice carefully. Confirm the petition classification, employer or self-petitioning basis, priority date and beneficiary details.

Keep a secure copy of the approval notice. You may need it when applying for an H-1B extension, discussing a job change or preparing another employment-based petition.

Step 2: Verify your priority date

Check the priority date recorded in your petition documents. If your case involved PERM, review the Department of Labor acceptance date. If it did not require labour certification, verify the USCIS receipt date and relevant petition records.

Do not confuse the I-140 approval date with the priority date.

Step 3: Identify your correct Visa Bulletin category

Determine whether your approved petition is EB-1, EB-2, EB-3 or another employment-based category.

Also identify your country of chargeability. Selecting the wrong column can produce an incorrect assessment of your Green Card waiting position.

Step 4: Compare both Visa Bulletin charts

Review the Dates for Filing and Final Action Dates charts. If you are in the United States and planning to file Form I-485, check which chart USCIS has authorised for that month.

For consular processing, follow the Department of State’s and National Visa Center’s instructions.

Step 5: Maintain your existing immigration status

Do not assume that your approved I-140 provides permission to remain in the United States indefinitely.

Review your H-1B, L-1 or other applicable status expiration dates. Plan extensions and employer-related filings well before deadlines.

Step 6: Explore qualifying H-1B extensions

If you are approaching the six-year H-1B limit, ask whether you qualify for an AC21 extension based on your labour certification or approved I-140 history.

Maintain supporting documents that establish the relevant filing and approval dates.

Step 7: Review your employer relationship

Confirm that the original employment offer remains genuine where required and that your employer continues to satisfy applicable petition obligations.

If your employer has undergone restructuring, acquisition, closure or withdrawal of the petition, obtain legal advice about the consequences.

Step 8: Prepare your adjustment or consular documents

Organise passports, civil records, education documents, employment history, prior immigration records and family documents.

If you are likely to become eligible for filing soon, preparing these documents early can reduce avoidable delays.

Step 9: Review your case regularly

Check the monthly Visa Bulletin and review any changes to USCIS filing instructions. Also monitor your USCIS case status and, if applicable, your National Visa Center case.

10. Adjustment of Status: Filing Form I-485 in the United States

Adjustment of Status is the process through which an eligible applicant already present in the United States applies to become a lawful permanent resident without completing the immigrant visa process at a US embassy or consulate.

For employment-based applicants, Form I-485 is generally the main application used for this purpose.

When can you file Form I-485?

You may generally file Form I-485 when your priority date meets the applicable filing chart selected by USCIS, your underlying immigrant petition requirements are satisfied and you meet the other statutory and regulatory requirements for adjustment.

Depending on visa availability, some employment-based applicants may file Form I-140 and Form I-485 concurrently, or file I-485 while the I-140 remains pending. Other applicants must wait until the I-140 has been approved and a visa is available under the applicable filing rules.

Benefits associated with a properly filed I-485

Depending on eligibility and successful processing of the relevant applications, an applicant may also request:

• Form I-765: Application for Employment Authorization.
• Form I-131: Application for a travel document, including advance parole where applicable.
• Employment-based portability: Certain applicants may qualify to change employers after their I-485 has remained pending for at least 180 days.

These applications have separate requirements and processing times. Filing them does not guarantee approval.

What if your priority date retrogresses after I-485 filing?

If you properly filed Form I-485 when your priority date was eligible and the application remains pending, a subsequent retrogression generally does not automatically invalidate the filing.

However, USCIS may be unable to approve the adjustment application until an immigrant visa number becomes available again.

Can you receive an EAD while waiting?

Eligible applicants with a pending I-485 may apply for employment authorisation under the applicable adjustment-based category. If approved, the EAD may provide employment authorisation under its terms.

It is important to understand that an EAD obtained through a pending adjustment application is not the same as receiving a Green Card.

Can you travel using advance parole?

Some adjustment applicants apply for advance parole to travel internationally while their I-485 is pending. Travel eligibility and the consequences of departure depend on the applicant’s immigration history and status.

Applicants should not travel solely because an I-131 application has been submitted. They should confirm that the necessary authorisation has been granted and that no applicable exception or restriction changes the outcome.

Official reference: USCIS – Form I-485.

11. Consular Processing: What If You Live Outside the United States?

Not every I-140 beneficiary lives in the United States. Many skilled professionals, executives and managers remain in their home countries while their employment-based petitions are processed.

These applicants generally follow the immigrant visa process through the Department of State and the National Visa Center rather than filing Form I-485 from inside the United States.

What happens after I-140 approval?

If the priority date is not current, the applicant generally needs to wait until the relevant immigrant visa processing stage becomes available. An I-140 approval alone does not guarantee an immediate interview appointment.

Once the case is transferred to the National Visa Center and the applicant becomes eligible to proceed, the NVC may issue instructions for fee payments and document submission.

National Visa Center process

The process commonly involves:

1. Receiving the case number and invoice identification information.
2. Paying the required immigrant visa application fees when instructed.
3. Completing Form DS-260 for each applicable immigrant visa applicant.
4. Submitting the required civil documents and supporting evidence.
5. Responding to requests for additional documentation, if any.
6. Waiting for documentary qualification and visa availability.
7. Attending the immigrant visa interview when scheduled.
8. Completing the required medical examination and vaccinations through an authorised panel physician.

Does an approved I-140 guarantee an interview?

No. An interview generally depends on visa availability, documentary qualification, consular scheduling capacity and the applicant’s eligibility.

If a category is oversubscribed and the priority date is not eligible under Final Action Dates, the NVC generally cannot schedule the employment-based immigrant visa interview for final issuance.

Official resources:

• Department of State – National Visa Center
• Consular Electronic Application Center
• Employment-Based Immigrant Visa Process

12. Important Documents to Prepare While Waiting for Your Priority Date

Waiting for visa availability does not mean that you should postpone every part of your Green Card preparation. Keeping your documents organised can help you respond promptly when you become eligible for the next stage.

Petition and immigration documents

• Approved Form I-140 and Form I-797 approval notice.
• Original or relevant PERM labour certification documentation, where applicable.
• Previous I-140 receipt and approval notices, if any.
• Current and previous passport copies.
• Current and previous US visa copies.
• Form I-94 travel history and admission records.
• Previous immigration applications and approval notices.
• H-1B or L-1 petition and extension records, where applicable.

Education and professional records

• Degree certificates and academic transcripts.
• Employment verification letters.
• Professional licences, where required.
• Experience certificates.
• Updated CV or professional profile.
• Evidence of professional achievements where relevant to the underlying category.

Family and civil documents

• Birth certificates.
• Marriage certificate, where applicable.
• Passports for spouse and eligible children.
• Documents relating to legal name changes.
• Divorce or death certificates where relevant.
• Police certificates when required for consular processing.

Documents for adjustment of status

Depending on your circumstances and the latest form instructions, an employment-based I-485 application may require:

• Completed Form I-485.
• Required filing fee.
• Copy of the I-140 approval notice or relevant petition documentation.
• Identity and immigration records.
• Required photographs.
• Medical examination documentation, including Form I-693 where applicable.
• Supporting documents for derivative family members.

Documents for consular processing

Applicants proceeding through an embassy or consulate generally need the DS-260 confirmation, passport, civil documents, translations where required, medical examination documentation and any additional evidence requested by the NVC or consular officer.

The exact list depends on the applicant’s country, immigration category and case history.

13. I-140 Approved but Priority Date Not Current: Processing Time in 2026

One of the most frequently asked questions is how long it takes to receive a Green Card after I-140 approval.

There is no single processing-time estimate that applies to all employment-based applicants. The waiting period can depend on:

• EB-1, EB-2, EB-3 or another preference category.
• Country of chargeability.
• Priority date.
• Visa Bulletin movement.
• Whether the applicant is using adjustment of status or consular processing.
• USCIS processing capacity and case complexity.
• National Visa Center and consular scheduling availability.
• Requests for Evidence or other administrative processing.

How long does an I-140 take after filing?

I-140 processing times differ depending on the classification, service and whether premium processing is available for the particular petition.

USCIS publishes current processing-time estimates through its official processing-time tool. Historical processing figures should not be treated as a guarantee for an individual case.

Does premium processing solve a priority-date backlog?

No. Premium processing, where available, can accelerate the adjudication of an eligible petition. It does not create additional immigrant visa numbers or make an otherwise non-current priority date current.

How long does the Green Card stage take?

After filing Form I-485, the applicant may need to complete biometrics, respond to requests for evidence and attend an interview if required. The case may also remain pending if a visa number is unavailable.

For consular applicants, NVC document review and embassy or consulate scheduling introduce additional variables.

14. Can You Change Employers After I-140 Approval?

This is an important question for professionals who receive better career opportunities while waiting for their priority date.

The answer depends on whether you have filed Form I-485, how long it has remained pending, whether your original petition remains valid and whether the proposed employment satisfies the applicable portability requirements.

Scenario 1: I-140 approved but I-485 not filed

If your priority date is not eligible for I-485 filing, you may be unable to use the employment-based adjustment portability provision under INA Section 204(j).

A change of employer may require a new immigrant petition and, where applicable, a new PERM labour certification. However, you may be able to retain a qualifying earlier priority date from an approved I-140 petition.

Priority date retention and job portability are different legal concepts.

Scenario 2: I-485 pending for less than 180 days

If your employment-based I-485 has been pending for fewer than 180 days, changing employers can create significant risks to your adjustment application.

The original job offer and petition requirements should be carefully reviewed before accepting a new position.

Scenario 3: I-485 pending for at least 180 days

Under AC21 Section 204(j), certain employment-based applicants may change employers or positions if:

• The Form I-485 has remained unadjudicated for at least 180 days.
• The underlying I-140 is approved or otherwise satisfies the applicable statutory requirements.
• The new position is in the same or a similar occupational classification as the position in the original petition.
• The applicant submits the appropriate portability documentation when required.

What does same or similar occupation mean?

USCIS considers the facts and circumstances of the employment change. Relevant considerations may include job duties, responsibilities, occupational classifications, skills, education and experience.

A job title alone does not determine whether two positions are similar.

What if your original employer withdraws the I-140?

The timing of withdrawal is particularly important.

Under the applicable regulations, an approved employment-based I-140 that has been approved for at least 180 days, or that is associated with an I-485 pending for at least 180 days, generally is not automatically revoked solely because the petitioner withdraws it or the petitioner’s business terminates.

However, an I-140 can still be revoked on other legal grounds. The continued validity of the petition for priority date retention, H-1B extensions or adjustment portability must be assessed separately.

15. What Happens to Your Spouse and Children While Waiting?

Employment-based Green Card applications can involve an entire family. An eligible spouse and unmarried children under 21 may generally qualify as derivative beneficiaries, subject to applicable requirements.

The spouse and children may accompany or follow to join the principal applicant when the required conditions are met.

Does an I-140 approval automatically give family members Green Cards?

No. The principal applicant’s approved I-140 does not automatically grant permanent residence to the spouse or children.

Eligible family members generally need to complete the appropriate adjustment-of-status or immigrant visa process and satisfy the relevant requirements.

What if your child is approaching 21?

Age-out concerns are particularly important in long employment-based backlogs.

The Child Status Protection Act (CSPA) may protect certain children from losing eligibility because of age, depending on the facts of the case.

For qualifying employment-based derivative applicants, the CSPA age calculation generally considers the child’s age when an immigrant visa becomes available and subtracts the time the relevant immigrant petition was pending.

Additional requirements, including the applicable sought-to-acquire requirement, must also be considered. The calculation can be complex, particularly when priority dates retrogress or multiple petitions exist.

What should parents do?

• Record each child’s date of birth.
• Maintain copies of all I-140 and related petition notices.
• Monitor the applicable Visa Bulletin category.
• Review the CSPA calculation before the child approaches age 21.
• Seek individual legal advice about the correct filing and timing strategy.

Official information: USCIS – Child Status Protection Act.

16. Practical Examples: What Happens When Your Priority Date Is Not Current?

The following examples illustrate how the process works. They are hypothetical scenarios and should not be treated as individual legal advice.

Example 1: Indian professional with an approved EB-2 I-140

Rahul is an experienced IT professional working in the United States. His employer sponsored an EB-2 petition, and USCIS approved his I-140.

His priority date is 10 June 2016.

In November 2026, the EB-2 India Dates for Filing cut-off is 15 January 2015. The Final Action Date is 1 November 2013.

Since Rahul’s priority date is later than both dates, he cannot file Form I-485 in November based on this petition and cannot receive final Green Card approval.

Recommended action: Continue maintaining valid immigration status, monitor the Visa Bulletin and examine potential H-1B extension eligibility.

Example 2: Indian applicant eligible to file Form I-485

Priya has an approved EB-2 I-140 with a priority date of 1 December 2014.

The November 2026 EB-2 India Dates for Filing cut-off is 15 January 2015.

Her priority date is earlier than the filing cut-off. Because USCIS has designated Dates for Filing for November, she may be eligible to submit Form I-485 if she satisfies all other requirements.

However, the November Final Action Date is 1 November 2013. Her priority date is later than that date.

Recommended action: Review the adjustment-of-status requirements and prepare the I-485 package. Understand that final approval may have to wait until the priority date becomes eligible under Final Action Dates.

Example 3: Professional born in a country without a separate EB-2 cut-off

Daniel has an approved EB-2 petition and a priority date of 1 January 2026. He is chargeable to a country in the All Chargeability Areas Except Those Listed column.

The November 2026 EB-2 Dates for Filing cut-off is 15 March 2026.

His priority date is earlier than the filing date. He may therefore be eligible to file Form I-485 in November, subject to all other requirements.

However, the November Final Action Date is 1 April 2025. His priority date is not yet eligible for final approval.

Example 4: Approved I-140 but employer plans to withdraw the petition

Michael has an approved EB-3 I-140 but has not filed Form I-485 because his priority date is not current.

His employer announces a business restructuring and intends to withdraw the petition.

Recommended action: Review the approval date, withdrawal timing, potential automatic-revocation rules, priority date retention and any alternative sponsorship options. Do not assume that the withdrawal automatically destroys every benefit associated with the approved petition.

Example 5: Senior manager considering a new US employer

Alex has an approved EB-1C petition and is considering a senior management position with another company. His I-485 has not been filed.

Although his existing petition is approved, the change of employer may affect the underlying job offer and immigration strategy.

Recommended action: Determine whether the new position qualifies for a separate EB-1C petition or another appropriate category. Examine whether priority date retention is available.

17. Common Mistakes After I-140 Approval and How to Avoid Them

Mistake 1: Assuming I-140 approval means Green Card approval

Problem: Applicants believe that an approved I-140 automatically gives them permanent residence.

Solution: Understand that the immigrant petition, visa availability and final Green Card adjudication are separate stages.

Mistake 2: Monitoring only the Final Action Dates chart

Problem: Some applicants overlook the possibility of earlier Form I-485 filing under Dates for Filing.

Solution: Check both charts and the USCIS monthly adjustment-of-status filing instructions.

Mistake 3: Using the wrong country column

Problem: Applicants sometimes use their citizenship or current residence rather than their country of chargeability.

Solution: Verify the applicable country of chargeability, normally based on country of birth, and assess any cross-chargeability eligibility.

Mistake 4: Changing employers without checking portability

Problem: An applicant assumes an approved I-140 allows an immediate job change without consequences.

Solution: Review the petition’s withdrawal history, I-485 filing date and 180-day portability requirements.

Mistake 5: Allowing H-1B status to expire

Problem: Applicants assume their I-140 approval automatically extends their right to stay and work.

Solution: Track nonimmigrant status and apply for qualifying extensions within the relevant filing windows.

Mistake 6: Ignoring family members’ age-out risks

Problem: Parents wait for their own priority date without examining their children’s CSPA eligibility.

Solution: Review each child’s age and the relevant CSPA calculation with an immigration professional.

Mistake 7: Assuming the priority date will advance every month

Problem: Applicants plan employment changes or family decisions based on an expected Visa Bulletin movement.

Solution: Treat every future cut-off date as uncertain. Dates can remain unchanged or retrogress.

Mistake 8: Confusing premium processing with visa availability

Problem: Applicants believe faster I-140 adjudication means faster Green Card issuance.

Solution: Remember that premium processing does not eliminate numerical visa limitations.

Mistake 9: Not retaining immigration records

Problem: Important approval notices, PERM documents and previous employment records become difficult to retrieve.

Solution: Maintain a secure, organised immigration file with copies of all relevant records.

18. Government Fees and Financial Planning in 2026

Applicants should plan for the financial requirements of the next stage, even when the priority date is not current.

There is no single total fee for every employment-based Green Card case. Costs depend on the filing route, the number of family members, forms required and applicable fee schedules.

Potential government charges

The Department of State lists an employment-based immigrant visa application processing fee of US$345 per applicant in its published fee schedule. This is separate from applicable USCIS fees and other expenses.

USCIS fees should be verified immediately before filing because fee schedules can change and additional fees may apply based on petitioner type and filing circumstances.

Official fee references:

• USCIS – Official Filing Fees
• USCIS – Fee Schedule
• Department of State – Visa Service Fees

19. How MIVisa Can Help: Employment-Based Green Card Case Assessment

An approved I-140 with a non-current priority date can create several questions that require a structured review. The right next step depends on the applicant’s immigration history, employment situation, country of chargeability and family circumstances.

At MIVisa – Mediterranean International Visa, we help professionals and experienced employees understand international immigration pathways and organise their next steps through structured case assessments.

What can be reviewed during a case assessment?

• I-140 approval review: Understand the approved employment-based category and relevant petition information.
• Priority date assessment: Compare your priority date against the relevant Visa Bulletin cut-off dates.
• EB category review: Understand the differences between EB-1, EB-2 and EB-3.
• Employer sponsorship review: Identify important employer-related considerations and potential changes.
• Adjustment-of-status planning: Understand potential I-485 filing eligibility and related requirements.
• Consular processing guidance: Understand the NVC and immigrant visa process for applicants outside the USA.
• Family considerations: Identify derivative beneficiary and CSPA issues requiring attention.
• Career transition review: Identify immigration considerations before changing employers or accepting a new role.

Who can consider a case assessment?

• Indian professionals with approved EB-2 or EB-3 petitions.
• Senior executives and multinational managers exploring EB-1C.
• Technology, engineering, healthcare and business professionals.
• Applicants outside the United States awaiting immigrant visa availability.
• H-1B professionals considering employer changes.
• Families concerned about long Green Card waiting periods.

Explore our international work visa success story to learn more about the professional career opportunities and immigration journeys we discuss at MIVisa.

20. Frequently Asked Questions About US I-140 Approved but Priority Date Not Current 2026

21. Conclusion: Plan Your Next Step After I-140 Approval

An approved I-140 is an important achievement in your US employment-based Green Card journey. However, if your priority date is not current, you may still have to wait before you can receive permanent residence.

The waiting period should not be treated as an inactive stage. It is an opportunity to organise your immigration records, understand your employment options, maintain valid status, prepare family documents and monitor the monthly Visa Bulletin.

The November 2026 Visa Bulletin highlights why applicants should understand both Dates for Filing and Final Action Dates. Some applicants may be eligible to file Form I-485 before their priority dates become current for final Green Card approval, while others must continue waiting.

For Indian and Chinese professionals, the distinction between preference categories and country-specific cut-off dates is particularly important. A correct assessment of your priority date, category, employer situation and family circumstances can help you avoid unnecessary mistakes.

Whether you are an IT professional, engineer, business leader, healthcare specialist, senior manager or experienced executive, the next stage of your US immigration journey should be planned around your actual petition and eligibility rather than assumptions about future visa availability.

Official US Government Resources

For the most accurate and updated information, applicants should refer to the following official government resources:

1. US Citizenship and Immigration Services (USCIS)
2. Form I-140 – Immigrant Petition for Alien Workers
3. Form I-485 – Adjustment of Status
4. USCIS – Visa Bulletin Filing Charts
5. Department of State – Monthly Visa Bulletin
6. Employment-Based Immigrant Visa Information
7. Department of Labor – PERM Program
8. USCIS – Case Processing Times
9. USCIS – Child Status Protection Act