- H. Singh
- Sep 26
- 6 min read
Updated: Sep 27
When applying for a U.S. green card, one of the most confusing parts is understanding priority dates and how they affect your case. The process looks different depending on where you apply: applicants inside the U.S. file through Adjustment of Status (AOS) with USCIS, while those outside the U.S. go through the National Visa Center (NVC) and consular processing at a U.S. embassy or consulate.
Knowing how to read the Visa Bulletin—and whether the Date of Filing or the Final Action Date applies—determines when your green card case can move forward. This guide explains how priority dates affect both NVC consular processing and Adjustment of Status, and why the difference between the two charts matters.
Date of Filing vs Final Action Date — AOS vs NVC
Feature / Benefit | Adjustment of Status (AOS) 🇺🇸 | NVC Consular Processing 🌍 |
|---|---|---|
Can file early when DOF is current? | ✔️ Yes | ❌ No |
Work permit (EAD) while waiting | ✔️ Yes | ❌ No |
Travel permit (Advance Parole) while waiting | ✔️ Yes | ❌ No |
Green card approval timing | ❌ Only when FAD is current | ❌ Only when FAD is current |
Effect of retrogression | ✔️ Case paused, but keep EAD/AP | ❌ Case stuck, no benefits |
What is NVC Consular Processing?
If you’re applying for a green card from outside the U.S., the first step is filing a petition (Form I-130 for family-based or Form I-140 for employment-based cases) with USCIS.
Once that is approved, the second step goes through the National Visa Center (NVC), which collects your forms, fees, and documents before forwarding your case to the U.S. embassy or consulate for an interview.
Family-Based NVC Example: A U.S. citizen files Form I-130 for their spouse. After approval, the case goes to the NVC. The applicant completes the DS-260 immigrant visa application, submits documents like a birth certificate and marriage certificate, and then waits for the interview at the embassy.
Employment-Based NVC Example: A worker approved through Form I-140 (or in some categories self-petitioning, like EB-1A or EB-2 NIW) also goes through NVC. They pay the fees, complete the DS-260, and send in supporting documents before the embassy interview.
In both cases, the interview is scheduled only when the Final Action Date is current (not the Date of Filing). Once the immigrant visa is issued, you can travel to the U.S., and your green card is mailed to your U.S. address after arrival.
Step-by-Step: NVC Consular Processing (Outside the U.S.)
File I-130 (Family-Based) or I-140 (Employment-Based) with USCIS.
After USCIS approval → case sent to NVC.
NVC contacts you by email with instructions for the second step.
File DS-260 (immigrant visa application) and pay the NVC immigrant visa fee (~$345 per person).
Submit civil (birth, marriage, etc.) and financial documents to NVC.
Check your NVC case status online with your case number and invoice number.
Check the Visa Bulletin.
Your interview is scheduled only when the Final Action Date is current (not Date of Filing).
Wait for and attend your interview at the U.S. embassy/consulate.
Receive the immigrant visa (IV).
Travel to the U.S. using your immigrant visa.
Green Card is mailed to your U.S. address after arrival.
What is Adjustment of Status (AOS)?
Adjustment of Status lets eligible applicants already inside the U.S. apply for a green card without leaving the country. After your petition (I-130 family-based or I-140 employment-based) is approved—and when USCIS says your priority date is current (they announce monthly which Visa Bulletin chart to use)—you file Form I-485.
While the case is pending, you can typically get work authorization (EAD) and Advance Parole for travel. Most cases end with an interview at a local USCIS field offices, and the green card is mailed to your address if approved.
Family-Based AOS example: A U.S. citizen’s spouse in the U.S. often files I-130 and I-485 together (concurrent filing) and stays in the U.S. for biometrics and interview until visa bulletin is current—no embassy visit.
Employment-Based AOS example: A worker in valid U.S. status files I-485 when their priority date is current per USCIS’s monthly guidance (some categories can self-petition, e.g., EB-1A, EB-2 NIW). They remain in the U.S. for processing; no consular interview.
Step-by-Step: Adjustment of Status (Inside the U.S.)
File I-130 (Family-Based) or I-140 (Employment-Based) with USCIS.
Check the Visa Bulletin – you can only move forward if your Final Action Date (or in some cases Date of Filing) is current.
File Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS.
Pay the I-485 filing fee (varies by age and category, typically $1,140 + $85 biometrics fee).
Submit supporting documents (birth/marriage certificates, financial documents, I-864 affidavit of support if family-based, etc.).
Attend biometrics appointment at a USCIS Application Support Center.
Receive EAD (Employment Authorization Document) and, in many cases, Advance Parole travel document while your green card application is pending.
Attend your USCIS interview (if required, usually at a local USCIS field office).
Wait for USCIS decision – if approved, you receive your green card directly by mail at your U.S. address.
October 2025 Visa Bulletin — A Perfect Example
The October 2025 Visa Bulletin is the perfect example to understand this difference that created a lot of buzz because of a big shift in the Date of Filing (DOF) chart, while the Final Action Dates (FAD) hardly moved at all.
For example, in the EB-1 category for India, the Date of Filing advanced by almost one full year, but the Final Action Date stayed the same. If you don't know the difference between these dates, here is the brief difference:
Date of Filing (DOF): The earliest date you can submit your green card application package (Form I-485 for Adjustment of Status, or DS-260 for NVC Consular Processing).
Final Action Date (FAD): The date when a visa number is actually available, and your case can be approved or an interview scheduled.
Impact on Adjustment of Status (Inside the U.S.)
Good news: When DOF moves forward, AOS applicants benefit because USCIS often allows early filing of Form I-485.
Why it matters: Filing early means you can get EAD (work permit) and Advance Parole (travel document) while you wait, even though your green card won’t be approved until the FAD is current.
Limitation: The actual green card is issued only when the Final Action Date is current.
Retrogression impact: If the Final Action Date retrogresses (moves backward) after you file, your case approval will be paused until the FAD becomes current again. The good part? Your EAD and Advance Parole remain valid as long as your I-485 is pending.
Impact on NVC Consular Processing (Outside the U.S.)
No real benefit: NVC applicants cannot take advantage of early filing. Interviews are scheduled only when the Final Action Date is current.
What it means: Even if the Date of Filing chart shows progress, you must wait for the FAD before NVC schedules your consular interview.
Retrogression impact: If the Final Action Date retrogresses, your case will be stuck at NVC. Even if you’ve already submitted all documents, the embassy will not issue interview appointments until the FAD becomes current again. Unlike AOS, you get no interim benefits (like EAD or travel authorization).
Real Example: EB-1 India in October 2025
In the October 2025 Visa Bulletin, the EB-1 India category showed a clear gap between the two charts. The Date of Filing (DOF) advanced to April 15, 2023, while the Final Action Date (FAD) stayed back at February 15, 2022.
This difference has very different consequences depending on whether an applicant is filing through Adjustment of Status (AOS 🇺🇸) inside the U.S. or NVC Consular Processing (🌍) abroad.
For example, let’s consider two applicants—one with a priority date of August 15, 2022, and another with a priority date of January 15, 2022.
Priority Date | Adjustment of Status (AOS 🇺🇸) | NVC Consular Processing 🌍 |
|---|---|---|
Aug 15, 2022 | Eligible to file I-485 now because DOF is April 2023. The applicant can receive EAD and Advance Parole while waiting. However, the green card itself will not be approved until FAD passes Aug 2022. | Cannot move forward. The embassy will not schedule an interview until the Final Action Date reaches Aug 2022. No interim benefits. |
Jan 15, 2022 | Can file I-485 and, since FAD is already February 2022, the case can move to approval immediately. | Eligible for interview and immigrant visa issuance because FAD is current. |
This example shows why the October 2025 Visa Bulletin is such a perfect illustration: AOS applicants benefit from the ability to file early under the Date of Filing chart and enjoy interim benefits, while NVC applicants remain tied to the Final Action Date and cannot move forward until it becomes current.
Final Thoughts
The October 2025 Visa Bulletin is a textbook example of how the two charts affect applicants differently: Adjustment of Status filers may gain the ability to file early and access benefits like EAD and Advance Parole, while NVC applicants must wait until the Final Action Date is current before moving forward.
If you are currently waiting, here are two essential tools to bookmark:
Visa Bulletin (U.S. Department of State) – published monthly with updated cutoff dates.
CEAC Case Status Check – to track your case status if your application is with the NVC.
Key takeaway: If you’re in the U.S., early filing under the Date of Filing chart can give you work and travel benefits even before your green card is issued. If you’re outside the U.S., patience is the only option—you must wait for the Final Action Date to become current.
Pro tip: Visa Bulletin movement, especially retrogression, can be unpredictable. Always consult an experienced immigration attorney to understand how the monthly changes apply to your specific case.
_edited_edited.png)
