The wheels are turning, here’s the good news: cases are being approved and cards are being issued… Your 140 is your residency portion. That is approved… Here’s the bad news: after approval, you need to go through the Adjustment of Status process (AOS), which is opaque and confusing. As Churchill said, it is a mystery wrapped inside an enigma that is a riddle. But do not worry, we are going to help you make sense of this… so here it is: If you are applying for an Employment-Based Green Card, and are qualified to do so, you should be aware that there are numerical limits in certain categories (i.e. there are more petitions than visas available). So before you assemble and submit required documentation to the National Visa Center for the Adjustment of Status, make sure you understand when yon can do so by following these steps…

1. Determine your Priority Date

For an employment-based Green Card, you must have filed the form I-140 (Immigrant Petition for Alien Worker). If your filing was approved, you must have received a Notice of Action indicating it was approved, similar to this, where you can find your “priority date”: Your priority date is also the day when USCIS received your I-140.

2. Find your Visa Type and Country in the table below

Visa Type All Countries except those listed CHINA- mainland born El SALVADOR GUATEMALA HONDURAS INDIA MEXICO PHILIPPINES
EB1 01SEP18 01OCT17 01SEP18 01OCT17 01SEP18 01SEP18
EB2 C 01FEB17 C 01JUN09 C C

Please note this data is for September 2019. If the cell that corresponds to your case has a “C”, it means it is current, and you are ready to file. If the cell that corresponds to your case has a date, and your Priority Date is older than the date shown, you can proceed to file right away. Otherwise, keep checking this page (or the Visa Bulletin by the State Department or the USCIS information page) until your Priority Date becomes current (i.e. when the Priority Date on your form is earlier than the one on the appropriate cell).

3. Contact us if you have any questions

Please contact us if your Visa Type is not listed or if you have any questions about your case’s Priority Date. We track our client’s Priority Dates and will contact you when it becomes current. If you notice your case is current and you have not heard from us, please let us know as soon as possible.