Filing Your I-485 on the Dates for Filing Chart: What an Early Filing Gets You and What It Doesn't
Your priority date is current on the Dates for Filing chart. Filing now can unlock a work card, a travel document and the AC21 clock, but not the green card.
Part of our guide to Form I-485.
As of November 1, 2026, USCIS says employment-based I-485s "must use the Dates for Filing chart" in the November 2026 Visa Bulletin, released October 22. USCIS accepts your I-485 this month if your priority date is earlier than the Dates for Filing cutoff for your category and country, but it cannot approve it until that date is also current on the Final Action Dates chart. An early filing gets you a pending case, the right to apply for a (c)(9) work card and advance parole, a running AC21 180-day clock, and pending cases for your spouse and children. It does not get you a green card, a frozen CSPA age, or protection from retrogression.
Status line (as of 2026-11-01). In effect: the November instruction on USCIS's adjustment of status filing charts page, the live source each month. Not published: the December 2026 bulletin (expected mid-November) and USCIS's December chart choice; every December cutoff you see is a forecast. Grace period ends: the I-485 page accepts packages sent to an old filing address only if postmarked on or before 2026-11-09. In effect, challenged: memo PM-602-0199 (adjustment as "extraordinary relief") and PA-2026-05 (denials without an RFE), both challenged in AAUP v. Mullin, with no ruling as of 2026-11-01.
Filing an I-485 on the Dates for Filing chart: the short answer
Filing an I-485 on the Dates for Filing chart makes your green card application pending months or years before a visa number is available. That pending case lets you apply for a (c)(9) EAD and advance parole, starts the AC21 180-day portability count, and lets your spouse and children file too. Approval still requires a current Final Action Date.
The Final Action Dates chart says whose case can be decided this month; the Dates for Filing chart says who may get in line early. Our guide to how the Visa Bulletin and priority dates work explains both charts; this post covers what filing on the earlier one buys you.
Which chart does USCIS use for employment-based I-485s in November 2026?
The Dates for Filing chart, for every employment-based category, for the second month running. USCIS's page reads: "For all employment-based preference categories, you must use the Dates for Filing chart." USCIS allows that chart when it determines "there are more immigrant visas available for a fiscal year than there are known applicants," and it anticipates posting each month's choice within one week of the State Department's bulletin. Otherwise, the Final Action Dates chart governs filing too.
Dates for Filing vs Final Action Date, November 2026
November 2026 employment-based cutoffs (gap column is our arithmetic; EB-3 rows are professionals and skilled workers)
| Category and country | Final Action Date | Dates for Filing | Gap |
|---|---|---|---|
| EB-1 India | 2023-02-01 | 2024-07-01 | about 17 months |
| EB-1 China | 2023-08-01 | 2024-07-01 | about 11 months |
| EB-1 ROW, Mexico, Philippines | Current | Current | none |
| EB-2 India | 2013-11-01 | 2015-01-15 | about 14.5 months |
| EB-2 China | 2021-10-01 | 2023-01-01 | about 15 months |
| EB-2 ROW, Mexico, Philippines | 2025-04-01 | 2026-03-15 | about 11.5 months |
| EB-3 India | 2014-01-22 | 2015-01-15 | about 12 months |
| EB-3 China | 2022-01-22 | 2024-04-01 | about 26 months |
| EB-3 Philippines | 2023-08-15 | 2024-01-01 | about 4.5 months |
| EB-3 ROW and Mexico | 2024-06-15 | 2024-08-01 | about 1.5 months |
Values as summarized by Fragomen; confirm your row on the State Department's Visa Bulletin page.
The gap is not a wait time. It is the band of priority dates that can file but cannot yet be approved: narrow in EB-3 ROW (2024-06-15 through 2024-07-31), more than two years wide in EB-3 China. How long you wait inside it depends on future Final Action movement, which no one can promise. In November, EB-2 India's Final Action Date did not move, while EB-2 ROW's moved three months (2025-01-01 to 2025-04-01). For what to watch next, see our December 2026 Visa Bulletin timing guide.
What an early I-485 gets you, and what still waits
What filing on the Dates for Filing chart changes, as of November 2026
| Item | What early filing gets you | What still waits or does not change |
|---|---|---|
| The I-485 | A pending case with a receipt date | Approval and the green card |
| (c)(9) EAD | The right to file Form I-765 ($260 with a fee-paid I-485 filed on or after 2024-04-01) | The card: 12 to 12.5 months at the USCIS tool's 80% mark (read 2026-11-01) |
| Advance parole | The right to file Form I-131 ($630 paper, $580 online) | The document: 26.5 months (same snapshot) |
| Travel in H-1B or L-1 status | Returning on a valid H or L visa to resume work for the same employer does not abandon the I-485 | No help on F-1, or once you leave H or L status |
| AC21 portability | The 180-day count starts on the filing date | Also needs an approved (or later-approved) I-140, a same or similar job, Supplement J |
| Spouse and children | Each can file an I-485 and a (c)(9) I-765 | Their approvals wait for yours |
| CSPA age | No age lock; USCIS counts a visa as available only on the Final Action Dates chart | The child's age calculation |
| H-1B beyond six years | Nothing new | Still keyed to the PERM or I-140 (AC21 106(a), 104(c)) |
| Retrogression | The case stays filed | The decision waits |
The (c)(9) EAD: a work card not tied to one employer
8 CFR 274a.12(c)(9) covers "an alien who has filed an application for adjustment of status." The I-765 costs $260 with a fee-paid I-485 filed on or after 2024-04-01, under the G-1055 fee schedule, edition 10/26/26, and the Policy Manual sets (c)(9) validity at 18 months, initial or renewal. Our c09 EAD category guide covers what the card allows. Three cautions:
- It takes time. The processing-times tool showed 12 months (NBC) and 12.5 months (SCOPS) on 2026-11-01, the time within which 80% of cases finished. Check the live figure before you plan around it.
- It is not automatic. In FY2026 Q3 (April to June 2026, before PA-2026-05), USCIS data shows more (c)(9) denials (35,720) than approvals (32,249). The figures cover the whole (c)(9) category and do not say why.
- Renewals can leave a gap. A (c)(9) renewal filed on or after 2025-10-30 gets no automatic extension, so if the old card expires first, work on it stops until approval. The final rule (in effect since 2026-10-14; challenged, with court relief so far for seven plaintiffs only) says in its preamble that USCIS "does not postdate the renewal EAD," so renewals decided well before expiry "may also have a shorter combined employment authorization validity period."
On H-1B, many people treat the card as a backup. Whether to work on it instead of your H-1B is a status decision for your attorney, because the travel exception below needs H-1B status.
Advance parole, and the H-1B travel exception
Advance parole took 26.5 months in the 2026-11-01 snapshot, so H-1B and L-1 workers often rely on 8 CFR 245.2(a)(4)(ii)(C) instead. Travel by an applicant in lawful H-1 or L-1 status is not abandonment if, on return, you remain eligible for H or L status, are "coming to resume employment with the same employer," and hold a valid H or L visa if required. H-4 and L-2 dependents in lawful status are covered on similar terms while the principal maintains H-1 or L-1 status. For most other applicants, leaving without advance parole is treated as abandoning the I-485.
The $1,050 parole fee is charged only on approval, and G-1055 lists an exception for a lawful adjustment applicant "returning to the United States after temporary travel abroad," so do not budget it as automatic; our advance parole fee guide covers the exceptions. Since Matter of Delcarmen-Lara (BIA, 2026-08-13, applied prospectively), leaving on advance parole counts as a departure for the unlawful-presence bars, which matters if you ever had 180 or more days of unlawful presence. See our guide to traveling on your H-1B visa while the I-485 is pending.
Does an early I-485 start the AC21 portability clock?
Yes. The Policy Manual's job portability chapter says counting "begins on the day the applicant properly filed the adjustment application with USCIS," and that "a visa does not need to remain continuously available for the 180 days to accrue."
The clock is not enough on its own. Under INA 204(j) you must be the beneficiary of an approved I-140 (or a pending one that is ultimately approved), the new job must be in the same or a similar occupational classification, and you file Form I-485 Supplement J. Our AC21 portability guide covers the same-or-similar test. Porting the green card case does not move your H-1B; the new employer still files its own H-1B petition.
H-4 spouses and children: (c)(9) or (c)(26)?
Each derivative files their own I-485 ($1,440 on paper at 14 and older; $950 under 14 when filing with a parent) and can file a (c)(9) I-765. An H-4 spouse then has two work-card routes:
| (c)(9) EAD | (c)(26) H-4 EAD | |
|---|---|---|
| Based on | The spouse's own pending I-485 | The principal's approved I-140 or AC21 H-1B extension |
| Processing (80%, read 2026-11-01) | 12 to 12.5 months | 17.5 months standalone; 6.5 with an H-4 I-539 |
| Validity (Policy Manual) | Up to 18 months | Up to the end of H-4 status |
| Online filing | PDF upload | Paper only |
| Renewal filed on or after 2025-10-30 | No automatic extension | No automatic extension |
Which route fits is a status and timing question for your attorney. No proposed or final rule ends the H-4 EAD; DHS lists a long-term agenda item (RIN 1615-AD14) with no proposal date.
Early filing does not freeze a child's age. USCIS's CSPA page (updated 2025-11-14) treats a visa as available when the bulletin shows it "in the Final Action Dates chart," or on petition approval if that is later. A child near 21 is a question for your attorney before filing; our CSPA age guide walks through the formula.
Can USCIS approve an I-485 filed under Dates for Filing?
No, not until your date is current on the Final Action Dates chart and a visa number is allocated. Under 8 CFR 245.2(a)(5)(ii), a preference applicant's adjustment "shall not be approved" until "an immigrant visa number has been allocated by the Department of State." USCIS's priority dates page agrees: "A visa must be available before you can take one of the final steps."
The line is long: USCIS counted 225,196 employment-based I-485s pending as of 2026-10-05 in its EB inventory (published cells only, so a floor). A current date is not a guarantee either. Since 2026-08-05, PA-2026-05 lets officers deny without a Request for Evidence when required initial evidence is missing, and PM-602-0199 treats adjustment as a matter of discretion; both are in effect and challenged. If your I-140 is not yet approved, see our explainer on filing the I-140 and I-485 together.
What happens to your I-485 if dates retrogress?
It stays pending. Retrogression delays the decision; it does not undo a properly filed case. USCIS says retrogression "generally occurs when the annual limit for a category or country has been exhausted," and the Policy Manual says a visa need not remain continuously available for the 180-day count to keep running.
The cost is time in pending status: (c)(9) renewals every 18 months or sooner with no automatic extension, advance parole renewals, and an H-1B that runs on its own track. Extensions past six years still rest on AC21 under 8 CFR 214.2(h)(13)(iii)(D)-(E): a PERM or I-140 filed 365 or more days earlier for one-year extensions, and an approved I-140 plus a visa unavailable because of the per-country limit for three-year ones.
Do consular cases use Dates for Filing?
No. Consular cases always use Final Action Dates for visa issuance. On its priority dates page, USCIS describes the Dates for Filing chart as "indicating when immigrant visa applicants should be notified" to assemble and submit documents to the National Visa Center. USCIS's monthly chart choice applies only to I-485s filed inside the United States.
A worked timeline: an EB-2 ROW H-1B worker filing in November 2026
Hypothetical: you are in H-1B status, chargeable to a rest-of-world country, with an approved EB-2 I-140 based on a PERM filed 2025-10-20, your priority date. Times are the USCIS tool's 80% figures read 2026-11-01, not predictions.
| Date | What happens |
|---|---|
| 2026-10-22 | November bulletin: EB-2 ROW Final Action 2025-04-01, Dates for Filing 2026-03-15 |
| November 2026 | 2025-10-20 is before 2026-03-15, so the I-485 can be filed; it is after 2025-04-01, so it cannot be approved |
| 2026-11-16 (Mon) | USCIS receives the package (sent after 11-09, so only the current address works); under 8 CFR 103.2(a)(7) that is the receipt date |
| Mid-November | December bulletin expected; a properly filed case stays filed whatever it shows |
| Mid-May 2027 | 180 days pending (our count; confirm the exact day with your attorney) |
| About Nov to Dec 2027 | (c)(9) EAD at the 12 to 12.5 month mark |
| About early 2029 | Advance parole at 26.5 months; until then, travel relies on the H-1B exception |
| Unknown | Approval, once EB-2 ROW's Final Action Date passes 2025-10-20 and a visa number is allocated |
How an early I-485 filing usually comes together
Your attorney leads this, but know the sequence:
- Find your priority date on the I-140 approval notice (Form I-797), or the PERM filing date for a concurrent filing.
- Check the USCIS filing charts page for the month USCIS will receive the package, not the month you mail it.
- Compare your date with your row in the Visa Bulletin on travel.state.gov.
- Book the Form I-693 medical exam with a USCIS-designated civil surgeon; the I-693 page requires it with the I-485 since 2024-12-02 and warns, "Otherwise, we may reject your Form I-485."
- Download the 09/18/26 edition from the USCIS I-485 page (the only edition accepted, with no grace period) and confirm the mailing address there; filing locations for the I-485, I-765 and I-131 changed on 2026-10-07.
- Assemble the required initial evidence, given PA-2026-05.
- Pay by card (Form G-1450) or ACH (Form G-1650): I-485 $1,440 paper or $1,390 online, I-765 $260, I-131 $630 paper.
- Calendar the receipt date from your I-797C and the 180-day mark.
A rejected package keeps no filing date under 8 CFR 103.2(a)(7)(ii), so a missing I-693 or an old edition can push you into a month with a different chart.
Questions to settle with your attorney first
- Is your I-140 approved, and will you change jobs before the 180-day mark?
- Will you travel soon, and in which status? Any past unlawful presence?
- Is any child close to 21?
- Could mail delays or a rejection push receipt into a month with a different chart?
- EB-2 India with a 2013-11-01 to 2014-01-21 priority date? Those dates are current in EB-3 India but not EB-2 India on the November Final Action chart, so a downgrade question may apply.
- On F-1 OPT or STEM OPT? F-1 is not a dual-intent status and the H and L travel exception does not cover you; ask an immigration attorney about the I-485 and your DSO about your OPT record.
Common mistakes
- Reading the Dates for Filing cutoff as an approval date. Approval waits for the Final Action Date.
- Assuming the window stays open. USCIS picks a chart every month, by receipt date.
- Travelling without advance parole after leaving H or L status. The exception needs lawful H or L status.
- Letting H-1B lapse because "the I-485 is pending." After retrogression you could live on (c)(9) renewals for years.
- Skipping the I-693, or using an old I-485 edition or address.
- Porting too early, before 180 days, or without an approved (or later-approved) I-140 and a same or similar job.
Frequently asked questions
Which chart does USCIS use for employment-based I-485s in November 2026?
The Dates for Filing chart. USCIS's adjustment of status filing charts page says all employment-based categories must use it for the November 2026 Visa Bulletin, released October 22, 2026. As of November 1, 2026, the December bulletin was not published and USCIS had posted no December chart choice.
Can USCIS approve an I-485 filed under Dates for Filing?
Not until your priority date is also current on the Final Action Dates chart. Under 8 CFR 245.2(a)(5)(ii), a preference-based adjustment cannot be approved until the State Department allocates a visa number. Filing on the Dates for Filing chart gets your case pending early, not decided early.
What happens to my I-485 if dates retrogress?
It stays pending, and the decision waits until your priority date is current again on the Final Action Dates chart. Meanwhile you can generally renew the (c)(9) EAD and advance parole, but a (c)(9) renewal filed on or after October 30, 2025 gets no automatic extension, so ask your attorney about timing renewals and keeping H-1B status.
Does filing early start the AC21 180-day clock?
Yes. The USCIS Policy Manual counts the 180 days from the day the I-485 is properly filed, and a visa need not stay continuously available. To port you also need an approved I-140 (or a pending one later approved), a same or similar job, and Form I-485 Supplement J.
Do consular cases use Dates for Filing?
No. Consular cases are decided on the Final Action Dates chart, whatever USCIS designates for I-485 filers. For applicants abroad, the Dates for Filing chart signals when the National Visa Center may notify them to assemble and submit documents.
Sources
- USCIS, Adjustment of Status Filing Charts and Visa Availability and Priority Dates
- USCIS Policy Manual, Volume 7, Part E, Chapter 5 (portability) and Volume 10, Part A, Chapter 4 (EAD validity); USCIS CSPA page
- USCIS, I-485, I-693, G-1055 (PDF), filing locations, processing times, data, EB I-485 inventory, October 2026
- 8 CFR 245.2, 214.2, 103.2 and 274a.12; 91 FR 65306 (EAD automatic-extension final rule)
- U.S. Department of State, Visa Bulletin; Fragomen November 2026 summary
How we checked this: on 2026-11-01 and 2026-11-02 we read the USCIS chart page (November instruction; footer dated 10/05/2026), the USCIS priority-date, CSPA, I-485 and I-693 pages, Policy Manual Volume 7 Part E Chapter 5 and Volume 10 Part A Chapter 4 (current as of 2026-10-27), 8 CFR 245.2, 214.2, 103.2 and 274a.12, the G-1055 PDF (edition 10/26/26) and the text of 91 FR 65306. Processing times are the USCIS tool's figures read 2026-11-01. Bulletin values come from law-firm summaries that agree with each other, because travel.state.gov blocks automated reads; check your row there before you rely on it.
This is general information, not legal or tax advice; your own I-797 notices, I-94 and your attorney's advice govern over anything published here.
If you are on H-1B or STEM OPT and your next job has to keep a green card case moving, F1Jobs can help you run a focused search for employers that sponsor.
Frequently asked questions
Which chart does USCIS use for employment-based I-485s in November 2026?
The Dates for Filing chart. USCIS's adjustment of status filing charts page says all employment-based categories must use it for the November 2026 Visa Bulletin, released October 22, 2026. As of November 1, 2026, the December bulletin was not published and USCIS had posted no December chart choice.
Can USCIS approve an I-485 filed under Dates for Filing?
Not until your priority date is also current on the Final Action Dates chart. Under 8 CFR 245.2(a)(5)(ii), a preference-based adjustment cannot be approved until the State Department allocates a visa number. Filing on the Dates for Filing chart gets your case pending early, not decided early.
What happens to my I-485 if dates retrogress?
It stays pending, and the decision waits until your priority date is current again on the Final Action Dates chart. Meanwhile you can generally renew the (c)(9) EAD and advance parole, but a (c)(9) renewal filed on or after October 30, 2025 gets no automatic extension, so ask your attorney about timing renewals and keeping H-1B status.
Does filing early start the AC21 180-day clock?
Yes. The USCIS Policy Manual counts the 180 days from the day the I-485 is properly filed, and a visa need not stay continuously available. To port you also need an approved I-140 (or a pending one later approved), a same or similar job, and Form I-485 Supplement J.
Do consular cases use Dates for Filing?
No. Consular cases are decided on the Final Action Dates chart, whatever USCIS designates for I-485 filers. For applicants abroad, the Dates for Filing chart signals when the National Visa Center may notify them to assemble and submit documents.