Priority Date Could Become Current in October 2026: What Employment-Based Green Card Applicants Should Prepare Right Now

Every October, a new fiscal year begins, bringing a fresh supply of employment-based immigrant visas. For thousands of H-1B and L-1 professionals waiting for an EB-2 or EB-3 priority date, this is the time of year everyone watches closely. That’s what makes the October Visa Bulletin so important. With a new fiscal year comes a new pool of visa numbers, and in some cases, cutoff dates can move forward-sometimes by several months.

The Department of State hasn’t published the October 2026 Visa Bulletin yet, and, to be honest, it’s almost impossible to predict exactly how the dates will move. But if your priority date is getting close to the current cutoff, now is the time to start getting ready instead of simply waiting.

Form I-485 is a pretty document-heavy application, and there’s a lot to pull together. Applicants who are able to file quickly and correctly when a filing window opens are often the ones who started preparing weeks-or even months-in advance.

At Orange Law, we work with EB-2 and EB-3 applicants throughout the year, especially when a new filing season brings movement in the Visa Bulletin. And honestly, we hear the same question all the time:

Why October Matters for Your Green Card Priority Date

At the beginning of every U.S. government fiscal year, on October 1, USCIS gets a fresh supply of immigrant visa numbers. Because of that, some visa categories that were stuck or even moved backward in September can sometimes jump forward when the new supply becomes available.

Of course, this doesn’t happen every year, and it doesn’t happen across every category. But it happens often enough that immigration attorneys pay close attention to the October Visa Bulletin. In many cases, it can be an important turning point for applicants who are waiting for their priority dates to become current.

So, if your priority date is already close to the current cutoff date, it’s worth being prepared. You could potentially become eligible to file Form I-485 (Application to Register Permanent Residence or Adjust Status) if the October bulletin moves in your favor.

And honestly, the people who are in the best position to take advantage of a favorable change are usually the ones who have their documents ready ahead of time. Once the bulletin comes out, you don’t want to be starting from scratch and scrambling to gather everything.

Step 1: Verify the Foundation of Your Case

Before anything else, pull your Form I-140 approval notice and confirm four things:

• Your exact priority date
• Your preference category (EB-1, EB-2, or EB-3)
• Your country of chargeability
• Whether a spouse or children will file as derivatives

This matters because every family member – the primary applicant and each derivative — needs their own Form I-485, their own supporting evidence, their own medical exam, and their own filing fee. There’s no shortcut here; adjustment of status is filed per person, not per family.

While you’re at it, take an honest inventory of anything that could complicate the filing: gaps in valid status, any period of unauthorized employment, international travel history, arrests or citations (even dismissed ones), and any prior immigration applications. None of these automatically disqualify you, but they need to be disclosed accurately, and it’s far better to identify issues now than during the filing window.

A practical note on which chart applies: USCIS decides each month whether employment-based filers must use the Final Action Dates chart or the Dates for Filing chart from the Visa Bulletin. The two charts can produce very different eligibility results, so don’t assume you know which one applies in October – check the official USCIS Adjustment of Status Filing Charts announcement once the bulletin drops.

Step 2: Coordinate With Your Sponsoring Employer

Here’s something applicants sometimes misunderstand: Form I-485 is filed in your own name, not your employer’s – but that doesn’t mean you can file it independently of your employer.

Your I-485 has to connect back to your employer’s Form I-140 petition in one of two ways:

1. Concurrent filing – I-485 filed at the same time as a pending I-140, or
2. Based on an already-approved I-140 – which, if not filed concurrently, generally requires Form I-485 Supplement J, signed by both you and the petitioning employer, confirming the permanent job offer is still genuinely available.

Either path means you need your employer in the loop before the filing window opens, not after. If you’ve changed roles, been promoted, or the position has shifted since PERM was filed, that’s a conversation worth having with counsel early.

Step 3: Start Collecting Civil and Immigration Documents Now

This is the part that eats the most time, and it’s entirely doable before the bulletin is even published. A typical employment-based I-485 packet requires:

• Current and past passport biographic pages, visa stamps, I-94 records, and prior approval notices
• A long-form birth certificate that satisfies the Department of State’s country-specific civil documents standards, with a certified translation if it isn’t in English
• Marriage certificates, divorce decrees, or other documents establishing family relationships for any derivative applicants
• Certified police and court records for any arrest or citation – expunged or dismissed matters included
• Passport-style photos meeting current USCIS specs. If you’re filing I-485, I-765 (work permit), and I-131 (travel document) together, budget for six photos total – two per form, per applicant

If you don’t have your birth certificate or it doesn’t meet the standard, don’t wait until the filing window to figure that out. Alternative evidence pathways exist, but they take time to assemble.

Step 4: Book the Medical Exam Early – There’s Almost No Downside

Form I-693, completed by a USCIS-designated civil surgeon, has to accompany most I-485 filings. Civil surgeon appointments fill up, and vaccination catch-up can add weeks.

Here’s the good news: once properly completed, Form I-693 generally stays valid for the duration of the I-485 case it’s filed with. In plain terms – if you get your exam done now and the October bulletin doesn’t move in your favor, the exam isn’t wasted. It typically carries forward to whenever you do file. There’s very little reason to delay this step, and every reason to get it off your plate early.

Step 5: Build Your Biographic and Admissibility Record

Form I-485 asks for a detailed history, and reconstructing it under time pressure is where a lot of applicants stumble. Start compiling:

• Five years of addresses and employment/school history, month and year, with no unexplained gaps
• Information on parents, current and former spouses, and children
• Memberships, military service, and any admissibility-related history
• Any immigration violations – visa refusals, 221(g) administrative processing, unauthorized employment, or status violations. These don’t automatically mean inadmissibility, but they must be disclosed accurately

One recent development applicants should know about: starting September 18, 2026, a new public charge rule requires broader disclosure of past receipt of means-tested public benefits on Form I-485. A disclosure alone doesn’t make someone inadmissible, but an inaccurate or incomplete answer can turn into a much bigger problem than the underlying fact would have been. If you’ve received any public benefits, this is worth a direct conversation with an immigration attorney before you file.

Step 6: Budget for Government Filing Fees

For a typical adult employment-based applicant filing by mail, current USCIS fees run approximately:

Form	Purpose	Approximate Fee
I-485	Adjustment of Status	$1,440
I-765	Employment Authorization	$260
I-131	Advance Parole (Travel Document)	$630

These fees generally apply per applicant, so a family of three filing together should plan accordingly. Confirm current amounts on the USCIS fee schedule immediately before filing, since fees can change. It’s also worth settling, ahead of time, whether your employer or you will cover government fees, legal fees, and the medical exam — this is a conversation best had before the filing window opens, not during it.

Step 7: Decide Whether You Need Advance Parole

Form I-131 (advance parole) is optional, but the decision isn’t trivial. If you leave the U.S. while an advance parole application is still pending, USCIS will typically deny that pending application – even though departure itself may not abandon your I-485 case.

If you’re not planning international travel in the next 6–8 months, it may be reasonable to skip I-131 initially and apply later. If you hold valid H-1B or L-1 status, you may be able to travel and re-enter in that status instead, then apply for advance parole afterward. This decision depends heavily on your specific visa history and status, so it’s not one to make without guidance.

Should You Consider an EB-2 to EB-3 Downgrade?

If EB-3 cutoff dates move significantly further than EB-2 in the same country, a downgrade can sometimes open an earlier filing opportunity. This generally means filing a new EB-3 Form I-140 based on the same PERM labor certification – assuming the position and your qualifications support an EB-3 classification. Importantly, a downgrade doesn’t erase your existing EB-2 case, and your original priority date can typically be retained.

This is a strategic decision with real trade-offs around timing, cost, and the risk that EB-2 could later move faster than EB-3. It’s worth modeling out with your employer and immigration counsel before assuming it’s the right move.

What If You’ve Left the Company That Sponsored Your I-140?

Your original I-140 can still support your I-485 filing if it hasn’t been withdrawn or revoked and the underlying job offer remains genuinely available for you to accept. If that offer is no longer on the table, a new employer can generally start a fresh PERM and I-140 process and often retain your original priority date.

The catch is timing: PERM processing typically takes around 12–18 months even in a reasonably efficient cycle, sometimes longer. If there’s any chance you’ll need to restart this process, starting early gives you far more flexibility if cutoff dates move unexpectedly.

Your October Preparation Checklist

• [ ] Confirm priority date, category, and country of chargeability from your I-140 approval
• [ ] Decide which family members will file
• [ ] Coordinate concurrent filing or Supplement J with your employer
• [ ] Order civil documents (birth certificates, marriage certificates, police clearances)
• [ ] Schedule your I-693 medical exam
• [ ] Build a five-year address and employment history with no gaps
• [ ] Review public charge disclosure requirements with counsel
• [ ] Confirm who pays which fees
• [ ] Decide on advance parole strategy
• [ ] Evaluate EB-2 to EB-3 downgrade, if relevant

A current priority date is an opportunity, not a guarantee. Approval still depends on a complete, accurate, and well-documented filing – which is exactly why the preparation work matters more than the waiting.

Frequently Asked Questions

Talk to Orange Law Before the October Bulletin Drops

Visa Bulletin movement can be unpredictable, but your preparation doesn’t have to be. At Orange Law, our immigration attorneys help EB-2 and EB-3 applicants get everything in order ahead of time-from gathering the right documents and coordinating with employers to planning the filing strategy. That way, when your priority date becomes current and the Visa Bulletin finally opens the door, you’re ready to move forward instead of scrambling to get everything together at the last minute.

Schedule a consultation with Orange Law today to review your priority date, confirm your filing strategy, and get a personalized preparation checklist for your case.