- H. Singh
- Sep 13
- 6 min read
Updated: Sep 27

Update: As of Sept 15, 2025, USCIS has confirmed that the Date of Filing (DOF) will be used 🎉
The October 2025 Visa Bulletin is out, and as expected, there’s finally some movement for India EB1 applicants. While the Final Action Date (FAD) continues to remain unchanged, the Date of Filing (DOF) has advanced by a full year — from April 15, 2022, to April 15, 2023.
For those following closely, this is a significant development. It means that many applicants who were stuck in the 2022 queue now might get the opportunity to file their adjustment of status (AOS) applications in the new fiscal year.
Although final approval of green card still depend on the Final Action Date, the forward movement in the Filing Date allows more applicants to get into the pipeline, secure EAD/AP benefits, and prepare for the next stages of their green card journey.
What Changed in India EB1 October 2025 Visa Bulletin
Let’s break it down clearly:
Final Action Date (FAD): Remains the same, no forward movement for India EB1.
Date of Filing (DOF): Moved ahead by one year — from April 15, 2022 → April 15, 2023.
This pattern is something we’ve seen before. When USCIS expects demand to be high, they often advance the Date of Filing to allow more applicants to prepare for their I-485 paperwork, even if the actual Final Action Date is stuck. This helps the agency manage demand while also preparing the system for future approvals.
Example Case
To make this clearer, let’s look at this example.
Suppose, my priority date is August 15, 2022 under EB1 (India).
The Date of Filing for my category is April 15, 2023, which means if USCIS allows DOF, I’m eligible to file right now.
But the Final Action Date is only at April 15, 2022, which lags behind my date by about a year.
If USCIS allows filing based on DOF, I can go ahead and file my I-485 along with applications for EAD and Advance Parole. Even though my green card wouldn’t be approved until the FAD catches up, I’d still benefit in the meantime by getting work authorization and travel flexibility.
On the other hand, if USCIS requires applicants to use the FAD chart, then I’m stuck waiting. My date isn’t yet current under FAD, so I can’t file anything—not even the EAD. This is what we have today as of current month's chart. Next month chart will be announced soon.

Source: USCIS
Difference Between Date of Filing and Final Action Date
The Date of Filing is exactly what it sounds like—the date that USCIS allows you to submit your I-485 Adjustment of Status application. If your priority date is earlier than the DOF listed for your category and country, you can send in your green card application package, which typically includes your I-485, I-765 (EAD), and I-131 (Advance Parole).
The Final Action Date, on the other hand, is when a visa number is actually available to you. In other words, USCIS or the consulate can only approve your green card when your priority date is earlier than the FAD listed. Until then, even if you’ve filed your application, it will remain pending in the system.
So, DOF is like being allowed to enter the waiting room, while FAD is when your number is finally called.
Why Did the Filing Date Move for India EB1?
Every October, the new fiscal year quota opens up, and historically, this is when we see the most movement. Last month, I mentioned in my analysis that there was a good chance of movement in EB1 India at the start of FY2026 (October 2025 bulletin). That prediction seems to have played out to some extent.
The logic is simple:
Fresh Quota Reset – With the start of the new fiscal year, unused visas from family-based categories and spillover from other countries are reallocated. While the spillover was not significant, the numbers still increased to 150,037 from 140,000, which is an improvement.
High Pending Demand – USCIS likely has a large number of pending EB1 India applications, so they want to allow more applicants to get into the system.
Pipeline Management – By advancing the Filing Date (when USCIS announces that the DOF chart can be used), USCIS can process paperwork, issue EADs, grant Advance Parole, and get cases ready so that when the Final Action Dates move forward in the future, green card approvals can happen smoothly.
What This Means for India EB1 Applicants
If your priority date is earlier than April 15, 2023, you may now be eligible to file your I-485 (Adjustment of Status) under the Date of Filing chart. This is a big relief for many applicants who were stuck waiting and could not proceed with their cases. Here’s what you gain once you file:
EAD (Employment Authorization Document) → You can work freely without H-1B/L-1 restrictions.
AP (Advance Parole) → You can travel outside the U.S. without needing a visa stamp.
H-1B Flexibility → No longer tied to strict H-1B rules, giving you more career options.
Early Start in the Queue → Even though FAD is stuck, you’re now “in line,” which matters when approvals eventually open up.
Of course, approvals will still not happen until the Final Action Date moves. But being able to file is the first step that unlocks a lot of benefits.
Processing Times Will Stretch
The flood of applications doesn’t just affect green card adjudications. It slows everything.
I-485 (Green Card Applications): Expect longer queues before adjudication even starts.
I-765 (EAD): Processing times may stretch, delaying work permits that many applicants are counting on.
I-131 (Advance Parole): Travel documents that once arrived in a few months could now take twice as long.
See current USCIS processing times here.
The Bigger Picture: What to Expect Next
Now the big question — when will the Final Action Date for India EB1 move? Based on past patterns:
Short Term (Next 6–12 months): FAD may stay frozen while USCIS assesses demand from the newly filed cases. Don’t expect immediate movement. Read more.
Medium Term (Mid FY2026): If demand balances out and spillover remains strong, we could see incremental movement in FAD.
Long Term: EB1 historically recovers faster than EB2 or EB3 for India, so while it may take time, chances of FAD catching up are better here compared to other categories.
The advancement in DOF is actually a positive sign — it signals that USCIS is preparing for eventual FAD movement. They wouldn’t open up Filing Dates without anticipating some space in the future.
Other Ripple Effects Nobody Talks About
Beyond the obvious, there are knock-on effects that many applicants won’t see coming:
Biometrics centers overloaded: Fingerprint appointments could be booked out for weeks or months.
Scramble for medical exams: Civil surgeons in hotspots like California and New Jersey could be overwhelmed, driving up wait times and costs.
USCIS revenue spike: Filing fees from 30,000–40,000 applicants means tens of millions flowing in overnight—but money doesn’t instantly translate to faster service.
Retrogression risk: If demand spirals out of control, EB1 India dates could retrogress in future bulletins, freezing many of these new cases mid-process.
Travel traps: Applicants who travel without Advance Parole after filing risk abandoning their I-485—a mistake many make in the rush.
These side effects often get overlooked in the initial excitement, but they become painfully real once the system is flooded.
The Job Market Ripple
An under-discussed effect is what this does to the job market. With tens of thousands of new applicants receiving EADs:
More mobility: Applicants tied to H-1B or L-1 restrictions will now switch jobs freely.
Wider access: Some companies that only hire citizens or green card holders may open doors to EAD holders.
Increased competition: Certain high-skilled roles, especially in tech and research, could see more applicants in play.
In short, DOF filings don’t just shake USCIS—they ripple across entire industries.
Our Prediction on India EB1
Back in my previous updates, I had mentioned that October 2025 could bring some movement for EB1 India, especially in new fiscal year. That’s exactly what we’re seeing now. While it’s not the Final Action Date movement we all hoped for, this is still an important step forward.
Sometimes, the first sign of recovery in a category comes through Filing Date movement. USCIS uses it as a tool to manage expectations and prepare the ground for bigger shifts later. So in that sense, this is a win for EB1 India applicants.
Final Thoughts on India EB1 October 2025
For India EB1 applicants, the October 2025 Visa Bulletin brings a mix of stability and opportunity. The Final Action Date remains unchanged, which means approvals are still on hold for many.
But the Date of Filing moving forward to April 15, 2023 is a strong positive, giving thousands of applicants the chance to finally file their adjustment of status in coming months.
This development aligns with what we predicted for the new fiscal year — that USCIS would likely make some adjustments in Filing Dates to handle fresh visa numbers. It’s not the end goal yet, but it’s progress in the right direction.
If your date is current under the Filing Date chart, my advice is simple: file as soon as possible. This ensures you lock in benefits like EAD and AP while waiting for the Final Action Date to catch up.
The road ahead may still be long, but October 2025 is proof that movement is happening, step by step.
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