My I-140 is approved, but I am working overseas. How can I tell if my priority date is current? Do I use the dates for filing chart, or the final action chart?

Answer

For I-140 petitions filed for consular processing, the dates for filing (DF) chart indicates when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center. The immigrant visa cannot be issued by the consulate until one’s priority date is current in the final action chart, but they can begin collecting documents.

Note, however, that if the I-140 was not filed for consular processing, you likely will need to take action to convert the case to consular processing (e.g., file form I-824). (18.Nov.2021)

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