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If your priority date is current, you may be eligible to move forward with your employment-based green card. However, being “current” does not mean your green card is automatically approved.
Instead, it means there may be key steps you need to take to keep the process moving.
Your priority date (sometimes referred to as a PD) sets your place in line for a green card. When your date becomes current, it generally means that a green card is available. Keep in mind that there are two charts under the employment-based category:
If your priority date is current per the final action dates chart, that means that a green card is available for you, and USCIS or the consulate can approve your case, if it's otherwise approvable.
If your priority date is current per the dates for filing chart, that means that you may be eligible to file the I-485 application if you have not already. It also means that your priority date may be current per final action in the foreseeable future (subject to change). However, your green card (or immigrant visa) cannot be approved until the priority date is current per the final action dates chart.
When you see that the priority date for your case is current, your next steps depend on several factors:
Even if your date is current under “Dates for Filing,” you cannot assume you can file the I-485. Each month, USCIS decides which chart they will use to accept I-485 filings. Make sure you're referencing the correct chart for the current month.
If you have not yet filed the Form I-485, if your priority date is current and USCIS will accept I-485 filings, prepare and file the I-485 application package, ideally working with a qualified immigration lawyer. An immigration lawyer should confirm you are eligible and do not have anything in your history or background that would make you ineligible for a green card, help make sure you're including all the correct forms and documentation, and be able to walk you through the process step by step. Keep in mind that the priority date may retrogress in the future, so you don't have an infinite window of time to file the application package.
If you have already filed Form I-485, if your priority date is current only under the dates for filing chart, your green card cannot be approved yet. The priority date must be current per the final action dates chart. If your priority date is current under the final action date chart, USCIS may approve your case, issue a request for evidence (RFE), or schedule an interview. You may also choose to follow up with USCIS to remind them that the priority date is current, although there is no formal process for doing so.
Retrogression means your priority date moves backward in the Visa Bulletin. Once a priority date is current, it may retrogress, or move backwards in the future. If you have filed the I-485 green card application and the priority date retrogresses, USCIS will continue to process your case, but it cannot be approved until the priority date is current per the final action dates chart. This is why filing quickly when eligible is critical.
If you are completing your case outside the U.S. by applying for an immigrant visa at a U.S. consulate, the National Visa Center (NVC) will schedule your immigrant visa interview when the priority date is current per final action dates (and when your case is documentarily qualified by the NVC).
Keep in mind that even when your date is current, the approval of your I-485 or immigrant visa may be delayed due to:
Having a current priority date is a major milestone, but it is also a time-sensitive opportunity. The right actions at this stage can significantly affect how quickly you receive your green card.
If your date is current:
1. Check which Visa Bulletin chart USCIS is using
2. Determine if you can file Form I-485
3. File as soon as eligible
4. Monitor for retrogression
5. Make sure you're making intentional, well-thought out decisions about maintaining your non-immigrant visa status and international travel
6. Follow up if your case is ready for approval
If your date is current or is approaching current, and you want to make sure you’re taking the right steps, this is the time to get guidance. At Sumner Immigration Law, we help professionals, employers, and HR teams navigate the green card process with clarity and confidence.
If you are not yet a Sumner Immigration Law client and you’re looking for an experienced, empathetic, and efficient team to help you navigate the process with confidence, please contact us today to set up your initiation consultation to get the process started! You can set an appointment online. You can also call us at 804-214-7870 or send us an email at info@sumnerimmigration.com.
We are immigration lawyers in Richmond, VA, but we serve clients throughout the U.S. and around the world. For more information on our firm visit Who We Are and What Makes Us Different! We look forward to hearing from you!
As always, the above information is for educational purposes only and is not legal advice. Please speak with a qualified immigration lawyer before taking action.
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