What is the priority date?
The priority date is the date your Labor Certification (LC) was filed. Think of the priority date as your place in line, because it determines when your green card application can be filed and when your green card can be issued.
What is the Visa Bulletin’s cutoff date?
The Visa Bulletin is issued every month by the Department of State. It shows which green card applications can be filed, and which filed applications can move forward to green card issuance, based on when the LC was filed. The dates on the Visa Bulletin are called cutoff dates. Your priority date must be before the cutoff date (i.e., “current”) on the Visa Bulletin to file the I-485 application. If your priority date is after the cutoff date, the I-485 application cannot be filed yet, even if your LC is approved.
Timing of AOS for B visa holders
While BDV Solutions accepts holders of B visas for Adjustment of Status (AOS), if your priority date is not current, you will have to weigh your options carefully whether you want to sign up as AOS or Consular. You have two options for AOS:
Option 1: You may need to file an I-539 application to extend your B status or change to another status (like F-1 student). This will allow you to stay in the U.S. longer and give you more time to wait in the U.S. for your priority date to become current. Please note that you cannot work in the U.S. during this time. If the extension/change of status is approved and your priority date becomes current after your LC is approved, you could then file for AOS.
Option 2: You can depart the U.S. at the end of your current B status. If you have a multiple entry B-1/B-2 visa, you could depart the U.S. when your current B status ends. By using this option, you can work to support yourself in your home country while you wait for your priority date to become current.
In the future, if your priority date becomes current while you are in the U.S. in B status, you may be able to file for AOS. You will need to have had temporary, visitor intent at the time of your entry on the B visa, but you later changed your mind while in the U.S., usually at least 60 days after entry.
Also, after the AOS is filed, you must remain in the U.S. until your Advance Parole (i.e., your travel permission) is issued. You also cannot work in the U.S. until your Employment Authorization card is issued. This means that, if you file the AOS while on B status, you will need to be able to support yourself for 6-8+ months without earning an income in the U.S.
Please note that this is general information and is not legal advice.