EB-1 Priority Date for India: Current Dates, Past Movement, and Keeping Your Place

Reviewed by: Beth Persky, Esq.

The EB-1 priority date for India in the November 2026 Visa Bulletin is February 1, 2023 on the Final Action Dates chart and July 1, 2024 on the Dates for Filing chart, both unchanged from October 2026. EB-1 is not current for India. An applicant chargeable to India needs a priority date earlier than February 1, 2023 for a green card to be approved under the November 2026 bulletin. Because USCIS designated the Dates for Filing chart for all employment-based categories for November 2026, an applicant in the United States with a priority date earlier than July 1, 2024 may be able to file Form I-485 during November 2026 if the other adjustment requirements are met, even though approval must wait. As of October 22, 2026, the October 2026 bulletin and its chart designation still govern applications USCIS receives through October 31, 2026; the November dates and chart apply to applications received in November 2026.

EB-1, the first employment-based preference, covers people with extraordinary ability (EB-1A), outstanding professors and researchers (EB-1B), and multinational managers and executives (EB-1C). In the November 2026 bulletin the India EB-1 Final Action Date is further forward than the India EB-2 and EB-3 Final Action Dates listed in the same bulletin (meaning a later cutoff date, so more applicants qualify), but it is still backlogged, and it has moved in both directions over the past few years. This post covers the current India EB-1 dates, how an EB-1 priority date is set without PERM, eight years of October bulletin history, why EB-1 India was once current, and how an earlier EB-2 or EB-3 date can carry over into EB-1.

What are the India EB-1 dates in November 2026?

Sources: DOS Visa Bulletins for October 2026 and November 2026.

For comparison, in November 2026 the EB-1 category is current for all chargeability areas except India and mainland China, and mainland China EB-1 has a Final Action Date of August 1, 2023 (July 1, 2023 in October 2026). The China and India EB-1 Dates for Filing are the same, July 1, 2024. India EB-1 has its own column because of the per-country limit explained below.

The October 2026 bulletin was the first bulletin of fiscal year 2027, which began October 1, 2026. A new fiscal year brings a new annual supply of visa numbers, which is why India EB-1 advanced in October 2026 instead of becoming unavailable as the September 2026 bulletin had warned. A new fiscal year does not make any category current on its own.

DOS publishes the next month’s bulletin partway through the current month. As of October 22, 2026, the December 2026 bulletin had not yet been published. Check the DOS Visa Bulletin index for the December 2026 bulletin and for the dates in effect when you plan to file.

Which chart is USCIS accepting in November 2026?

USCIS decides each month whether employment-based applicants filing Form I-485 inside the United States use the Final Action Dates chart or the Dates for Filing chart. For November 2026, the USCIS Adjustment of Status Filing Charts page states that all employment-based preference categories must use the Dates for Filing chart, as in October 2026. In September 2026, employment-based applicants had to use the Final Action Dates chart. The chart designation for a month applies to applications USCIS receives during that month, so an application received in the last days of October 2026 is judged under the October 2026 designation, not the November one.

For India EB-1 applicants in the United States, a priority date earlier than July 1, 2024 may allow a Form I-485 filing in November 2026, together with an application for employment authorization (Form I-765) and advance parole (Form I-131). A priority date alone is not enough. For employment-based applicants, the other adjustment requirements include lawful admission or parole, the status and employment bars in INA 245(c), and admissibility. INA 245(k) provides a limited exception to the INA 245(c) bars for applicants adjusting under EB-1, EB-2, EB-3, or certain EB-4 categories, and their derivative spouses and children: an applicant who is present in the United States after a lawful admission may still adjust if, since that most recent lawful admission, the applicant has not failed to maintain lawful status, worked without authorization, or otherwise violated the terms of admission for more than 180 days in total. Periods before the most recent lawful admission are not counted, but the exact application of INA 245(k) to a specific history should be confirmed with counsel. INA 245(i) may provide a separate route for some applicants who are otherwise barred and who were the beneficiary of a qualifying petition or labor certification filed on or before April 30, 2001. This is not an exhaustive list, and eligibility should be reviewed case by case. The green card itself can be approved only once the priority date is earlier than the Final Action Date in effect at the time of adjudication (February 1, 2023 under the November 2026 bulletin).

Applicants processing at a consulate do not choose a chart. The Visa Bulletin describes the Dates for Filing chart as indicating when immigrant visa applicants should be notified to assemble and submit required documents to the National Visa Center, and a consulate can issue the immigrant visa only when the priority date is earlier than the Final Action Date.

USCIS determines which chart applies by looking at the chart designation for the month in which the I-485 was received at the correct filing location. Before mailing, confirm the form edition USCIS currently accepts and the correct filing address for your filing basis on the USCIS Form I-485 page, since both can change and a package sent to the wrong address or on an edition USCIS no longer accepts can be rejected and miss the filing window. When USCIS changes filing locations, it generally allows only a short grace period, tied to the postmark date, for packages sent to the prior location. Check the live page for any current edition date, address change, and postmark deadline.

Do EB-1A, EB-1B, and EB-1C have different India dates?

No. The Visa Bulletin lists one “1st” preference row for employment-based cases. Every India-chargeable EB-1 applicant, whether the petition is a self-petition for extraordinary ability, an employer petition for an outstanding professor or researcher, or an employer petition for a multinational manager or executive, uses the same India EB-1 dates.

The subcategory matters for eligibility and evidence, not for the line. It also affects who files: an EB-1A applicant can file without an employer, while EB-1B and EB-1C petitions are filed by a U.S. employer. 

How is an EB-1 priority date set?

EB-1 petitions do not require a PERM labor certification. Under 8 CFR 204.5(d), the priority date for a petition that does not require a labor certification is the date USCIS receives the properly filed Form I-140, Immigrant Petition for Alien Workers. The date appears on the Form I-797 receipt notice and on the approval notice.

• The date is fixed at filing. A faster approval, including through premium processing (Form I-907), does not move it.
• A petition that is rejected (returned unfiled) for a filing defect, such as a missing signature or incorrect fee, is treated as never having been filed and does not retain a filing date (8 CFR 103.2(a)(7)), so it has no priority date. If it is refiled, the new receipt date generally becomes the priority date under 8 CFR 204.5(d).
• If the I-140 is denied and a new one is filed, the new filing creates a new date unless an earlier approved I-140 date can be retained (see the section on keeping your place).
• Dependent spouses and children, as defined in INA 101(b)(1) and including children whose age is protected under the Child Status Protection Act (INA 203(h)), do not have their own priority date. They use the principal applicant’s date as derivatives.

 How has the India EB-1 date moved since FY2020?

This table lists the India EB-1 dates in the October bulletin, the first bulletin of each fiscal year, as published in the archived DOS bulletins.

India EB-1 was current in the October 2021 and October 2022 bulletins. A cutoff of January 1, 2017 appeared in October 2023. Since then, the Final Action Date has advanced about six years, from January 1, 2017 to February 1, 2023, across three October bulletins, while the FY2026 October bulletin moved only two weeks from the FY2025 one. Within FY2026, the date did not move in a straight line: it stood at October 15, 2022 in September 2026, after DOS had warned the category could become unavailable. These are historical facts and do not indicate how the date will move next.

Why was EB-1 India current, and why is it not now?

Under INA 201(d), the annual employment-based limit is 140,000 plus any family-sponsored numbers that went unused in the prior fiscal year. During the pandemic years, consular closures left large numbers of family-sponsored visas unused, and those numbers rolled into the employment-based limit. DOS reported employment-based limits for FY2021 and FY2022 that were far above the usual 140,000 level, and EB-1 India was current at the start of both years.

When the employment-based limit returned closer to its usual level, and demand from India-chargeable EB-1 applicants continued, DOS reinstated a cutoff in October 2023. The September 2026 bulletin also stated that high demand and number use by applicants chargeable to India in EB-1 could make the category unavailable before the end of FY2026. That did not happen before the fiscal year ended on September 30, 2026, but the warning shows that India EB-1 can tighten within a year, not only at the start of a new one. DOS can also list a category as unavailable for the remainder of a fiscal year once the annual limit is reached, and it can retrogress a Final Action Date in any month.

How the per-country cap and spillover affect India EB-1

Each preference category receives a share of the employment-based numbers: 28.6 percent each for EB-1, EB-2, and EB-3, and 7.1 percent each for EB-4 and EB-5 (INA 203(b)). Within those numbers, people chargeable to one country can receive no more than 7 percent of the combined family and employment preference total each year (INA 202(a)(2)). The October 2026 bulletin set the FY2027 per-country limit at 25,620. Chargeability generally follows country of birth, not citizenship (INA 202(b)).

Spillover is how unused numbers move. Unused EB-4 and EB-5 numbers fall up to EB-1, and unused EB-1 numbers fall down to EB-2 (INA 203(b)). Inside a category, numbers that would otherwise go unused can be given out in priority-date order without regard to the per-country cap (INA 202(a)(5)). That rule is why EB-1 India could be current in high-supply years. When demand from other chargeability areas uses up the EB-1 numbers that would otherwise go unused, nothing beyond India’s regular per-country share is left, and a cutoff returns.

Can you keep an earlier EB-2 or EB-3 priority date in EB-1?

In general, yes. Under 8 CFR 204.5(e)(1), a person who is the beneficiary of an approved I-140 in EB-1, EB-2, or EB-3 keeps that priority date for any later I-140 filed in any of those three categories. This is described as “porting” or “upgrading.” An India-chargeable professional with an approved EB-2 I-140 dated, for example, 2014 who later qualifies for EB-1 can file an EB-1 I-140 and request the 2014 date.

• The earlier I-140 must have been approved. A pending, denied, or rejected petition does not lock in a date.
• Under 8 CFR 204.5(e)(2), the earlier priority date is generally retained even if the earlier employer withdraws the approved petition or goes out of business, as long as the approval is not revoked on one of the grounds below.
• The earlier date is lost if the approval is revoked for fraud or willful misrepresentation of a material fact, if the labor certification is revoked or invalidated, or if USCIS finds a material error in the approval (8 CFR 204.5(e)(1)).
• A new EB-1 petition must meet EB-1 standards on its own. The earlier date does not lower the evidence bar.
• If you already have a pending I-485 based on the EB-2 or EB-3 petition, you can ask USCIS in writing to change the underlying basis of that I-485 to the new EB-1 I-140. Under USCIS Policy Manual Volume 7, Part A, Chapter 8, USCIS grants or denies the request in its discretion. The request can be granted only if the I-485 is still pending, you have remained continuously eligible for adjustment on the original basis and then on the new basis without interruption, you are eligible under EB-1, and a visa number is immediately available to you under EB-1 on the date USCIS receives the request. The Policy Manual’s “immediately available” standard for a transfer request is not the same thing as the monthly filing-chart designation, so confirm with counsel which chart USCIS applies to your request before relying on a Dates for Filing month. If the EB-1 I-140 is still pending rather than approved, the new category must also permit concurrent filing, which EB-1 does.
• Timing matters. The transfer request must be received, and the new basis must be in place, before the original basis is lost. If the EB-2 or EB-3 I-140 is withdrawn, denied, or revoked before USCIS receives and grants the transfer request, the I-485 no longer has a valid basis and the transfer cannot cure that gap. Mailing a transfer request does not by itself preserve the I-485.
• Once a transfer is granted, the I-485 rests on the new EB-1 petition only. The original EB-2 or EB-3 petition no longer supports that I-485, even if it remains approved, although it may still be relevant to priority-date retention and to a future separate filing.
• For an I-485 based on an EB-1B or EB-1C petition, the Policy Manual states that the applicant generally may not use INA 204(j) job portability based on the transferred I-485 until the application has been pending 180 days or more after USCIS received the transfer request, so a transfer can restart that clock. An I-485 based on an EB-1A self-petition cannot use INA 204(j) portability at all, because the Policy Manual treats extraordinary-ability and national-interest-waiver applicants as outside that provision; an EB-1A applicant instead must continue to intend to work in the area of extraordinary ability.

Upgrading only helps if the India EB-1 Final Action Date is further forward than your retained priority date, or is expected to reach it sooner than your current category. In November 2026 the India EB-2 and EB-3 Final Action Dates are years behind India EB-1, so an India-chargeable applicant with, for example, a 2016 EB-2 priority date would have a date earlier than the India EB-1 Final Action Date of February 1, 2023 if an EB-1 petition were approved with that retained date. Compare the EB-2 priority date for India and the EB-3 priority date for India with EB-1 before deciding. Filing an EB-1 petition does not require surrendering the EB-2 or EB-3 classification; separate petitions can coexist, and priority-date retention is a separate question from whether the earlier petition remains usable for adjustment or portability, which depends on its own validity and timing.

Risks to plan around while you wait

• Retrogression after filing. If you file an I-485 under the Dates for Filing chart and the Final Action Date later moves backward past your priority date, visa unavailability by itself is not a ground for denial. USCIS holds the application until a number is again available, although the application can still be denied on other grounds. While it is pending, you can apply to renew employment authorization and advance parole, subject to continued eligibility and USCIS approval.
• Children turning 21. For employment-based cases, the Child Status Protection Act (CSPA) under INA 203(h) calculates a child’s age by taking the child’s biological age on the date a visa number became available and subtracting the number of days the I-140 was pending. The child generally must also “seek to acquire” permanent residence within one year of visa availability, for example by filing the I-485, unless USCIS excuses a late filing for extraordinary circumstances. Under the USCIS Policy Manual, for adjustment applications filed on or after August 15, 2025, USCIS uses the Final Action Dates chart to determine when a visa became available for the CSPA age calculation, even in months when it allows filing under the Dates for Filing chart. For applications that were already pending with USCIS before August 15, 2025, USCIS states that its February 14, 2023 policy continues to apply, under which the Dates for Filing chart was used when USCIS had designated it. USCIS also describes a limited extraordinary-circumstances rule for certain children who did not file during the earlier policy period. A child who is close to 21 should have the CSPA math reviewed before the family relies on a Dates for Filing month.
• Job changes. EB-1B and EB-1C petitions depend on the sponsoring employer, and the job offer must still exist when the green card is approved. INA 204(j) allows an I-485 that has been pending 180 days or more, with an approved I-140, to remain valid with a new employer if the new job is in the same or a similar occupational classification. Leaving the sponsoring employer before day 180 does not automatically end the case, because the employment is prospective, but USCIS examines whether a qualifying job offer and the parties’ intent to proceed existed at the relevant times. Review any planned move with counsel before acting. An EB-1A self-petition is not tied to one employer and does not use INA 204(j), but you must still intend to continue working in your area of extraordinary ability.
• Nonimmigrant status. Filing an I-485 does not extend H-1B or L-1 status. Track your status end dates separately. The H-1B extension rules in AC21 sections 104(c) and 106(a) and (b) depend on an approved I-140 or on a labor certification or I-140 filed at least 365 days earlier, not on the I-485.
• Travel. Leaving the United States while the I-485 is pending without advance parole abandons the application unless you fit a regulatory exception, such as an H-1B or L-1 worker who remains in valid status and returns to resume the same employment (8 CFR 245.2(a)(4)(ii)).
• Form edition and filing address. USCIS can reject an I-485 package filed on an edition it no longer accepts or sent to a location that does not match the current filing instructions for your filing basis, and any grace period after a location change is short and tied to the postmark date. A rejected package has no receipt date, so it cannot lock in a Dates for Filing month. Check the live Form I-485 page on the day you mail.

Planning steps for India-born EB-1 applicants

1. Locate your priority date on your I-140 receipt or approval notice, and any earlier approved I-140 dates you may be able to retain.
2. Confirm your chargeability: country of birth controls, though a spouse born in a different country may allow cross-chargeability to that spouse’s country under INA 202(b).
3. Check both India EB-1 dates and the USCIS Adjustment of Status Filing Charts page each month.
4. If your date is earlier than the Date for Filing, prepare I-485 documents and the medical exam (Form I-693) in advance, and confirm the current form edition and filing address on the USCIS Form I-485 page.
5. If you hold H-1B or L-1 status, track your status end dates separately from the green card line.
6. If you are deciding between EB-1 and EB-2 NIW, ask how the evidence standards and the India lines compare for your record. In November 2026 the India EB-2 Final Action Date is years behind India EB-1; see our November 2026 Visa Bulletin post for the exact date.
7. Talk to a licensed attorney before relying on a retained date, filing a second I-140, transferring a pending I-485 to a new basis, or changing employers.

Frequently Asked Questions

• Is EB-1 current for India?

  No. In the November 2026 Visa Bulletin, India EB-1 has a Final Action Date of February 1, 2023 and a Date for Filing of July 1, 2024. EB-1 is current for all chargeability areas other than India and mainland China.

• Do EB-1A, EB-1B, and EB-1C have different priority dates for India?

  No. All three use the same India EB-1 row in the Visa Bulletin.

• Is my EB-1 priority date the filing date or the approval date?

  The filing date. For EB-1, the priority date is the date USCIS received the properly filed I-140 (8 CFR 204.5(d)).

• Does premium processing change my EB-1 priority date?

  No. Premium processing speeds up the I-140 decision, but the priority date stays the filing date.

• If I have an approved EB-2 I-140, can I use that priority date for EB-1?

  Generally yes, if the EB-2 I-140 was approved and the approval was not revoked for fraud, willful misrepresentation, labor certification revocation or invalidation, or material error (8 CFR 204.5(e)). The new EB-1 petition must still qualify on its own.

• Can I keep the retained date if my old employer withdraws the EB-2 petition?

  In general, yes. Under 8 CFR 204.5(e)(2), a withdrawal by the employer or the end of the employer’s business does not by itself cancel the retained priority date, as long as the approval was not revoked for fraud, misrepresentation, labor certification problems, or material error.

• If I move my pending I-485 from EB-2 to EB-1, does my job-portability clock restart?

  For an I-485 transferred to an EB-1B or EB-1C basis, generally yes. Under the USCIS Policy Manual, an applicant may not use INA 204(j) portability based on the transferred I-485 until it has been pending 180 days or more after USCIS received the transfer request. An I-485 transferred to an EB-1A basis cannot use INA 204(j) portability at all, because the Policy Manual excludes extraordinary-ability and national-interest-waiver applicants from that provision.

• Was EB-1 India ever current?

  Yes. India EB-1 was current in the October 2021 and October 2022 bulletins, when the employment-based annual limit was unusually high because unused family-sponsored numbers rolled over. A cutoff of January 1, 2017 appeared in October 2023.

• Can I file my I-485 in November 2026 with an India EB-1 priority date?

  If your priority date is earlier than July 1, 2024 and you meet the other adjustment requirements, possibly, because USCIS designated the Dates for Filing chart for employment-based filings received in November 2026. Approval waits until your date is earlier than the Final Action Date in effect when USCIS adjudicates the case.

• What happens if India EB-1 retrogresses after I file my I-485?

  Visa unavailability alone is not a ground for denial. USCIS keeps the application pending and adjudicates it when a visa number is again available under the Final Action Dates chart, unless it is denied on some other ground in the meantime. You can apply to renew employment authorization and advance parole while it is pending, subject to continued eligibility.

• Does my child’s age for CSPA depend on the Dates for Filing chart?

  For adjustment applications filed on or after August 15, 2025, no. Under the USCIS Policy Manual, USCIS uses the Final Action Dates chart to determine when a visa became available for the CSPA age calculation in employment-based cases, even when it allows filing under the Dates for Filing chart. For applications that were already pending with USCIS before August 15, 2025, USCIS states that its earlier February 14, 2023 policy, which used the Dates for Filing chart when designated, continues to apply. Have the calculation reviewed if your child is close to 21.

• Can India EB-1 become unavailable during the year?

  Yes. The September 2026 bulletin stated that high India demand might make EB-1 unavailable before the fiscal year ended. DOS adjusts dates monthly and can list a category as unavailable once the annual limit is reached.

• Does my spouse’s country of birth help?

  It can. If your spouse was born in a country other than India, INA 202(b) may allow your case to be charged to your spouse’s country of birth, which could place you under the rest-of-world EB-1 line, current in November 2026. This requires that the spouse immigrate with you or follow to join.

• Can I file an EB-1 I-140 and an I-485 together in November 2026?

  Possibly. EB-1 permits concurrent filing of the I-140 and I-485 when a visa number is available under the chart USCIS has designated for the month the package is received. For packages received in November 2026 that means an India-chargeable priority date earlier than July 1, 2024. For a brand-new EB-1 petition the priority date is the I-140 receipt date, so a new filing would not have a date earlier than July 1, 2024 unless an earlier approved EB-2 or EB-3 date is being retained. USCIS accepting the concurrent package is not the same as USCIS recognizing the retained date: retention is confirmed when the EB-1 I-140 is adjudicated, and if USCIS denies the EB-1 petition or does not recognize the earlier date, the concurrently filed I-485 loses its basis and can be denied. Review the retention evidence with counsel before filing concurrently.

• I was born in India but hold another citizenship. Which EB-1 line do I use?

  Chargeability generally follows country of birth under INA 202(b), not citizenship or passport. An applicant born in India is charged to India unless a cross-chargeability exception applies, such as a spouse born elsewhere.