Filing Date
The filing date is the date you submit your immigrant visa petition or adjustment of status application to USCIS. It establishes your place in line for visa number availability and determines when you become eligible to apply based on the Visa Bulletin published monthly by the State Department.
For employment-based and family-sponsored immigration, your filing date controls your priority in the visa allocation system. USCIS uses Form I-140 (for employment) or Form I-130 (for family sponsorship) to record this date. The filing date is not the same as your priority date, though they're closely related. Your priority date is typically the date your petition was filed, but filing date refers specifically to when your complete application package was submitted to USCIS.
How Filing Dates Work in Practice
- For adjustment of status: You can file Form I-485 once the Visa Bulletin shows a date current for your preference category. This means visa numbers are available for applicants with filing dates on or before that date. If you're in EB-2 or EB-3 categories, you might wait years for your filing date to become current.
- For consular processing: You need a current filing date before scheduling your consular interview at a U.S. embassy or consulate abroad. The National Visa Center (NVC) will contact you when your filing date becomes available for processing.
- For family-based green cards: Family preference categories (F2A, F2B, F3, F4) operate on rolling cutoff dates. USCIS updates the Visa Bulletin monthly, and your ability to file or interview depends on where your filing date falls relative to the current cutoff.
- For employment-based categories: EB-1 (priority workers) typically remains current, meaning filing dates are available immediately. EB-2 and EB-3 can have backlogs of 5-15 years depending on country of chargeability and demand.
Filing Date vs. Priority Date
While often used interchangeably, these differ slightly. Your priority date is the date USCIS deems your petition was filed with all required documentation. Your filing date is when you actually submit the complete application. For most cases, they're identical or very close. The priority date is what appears in the Visa Bulletin, not the filing date itself. Check your receipt notice (Form I-797) for your official priority date.
Common Questions
- Can I file my adjustment of status application before my filing date is current? No. Filing before your date is current will result in USCIS rejecting your I-485. You must wait until the Visa Bulletin shows your preference category as current with a date on or after your priority date.
- Does my filing date change if I file a new petition? If you file a new employment-based petition (Form I-140), you receive a new filing date. However, you may be able to retain your original priority date through AC21 portability rules if you're moving between employers in the same or similar job classification.
- How do I know when my filing date will be current? Monitor the Visa Bulletin issued each month by the State Department. It shows the current cutoff dates for each preference category. You can also check your case status on the USCIS website using your receipt number.