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PS

Patience Smith

Posted 20 days ago

User
I was approved for an employment-based petition, but my priority date is not current. What does this mean for my ability to stay and work in the U.S.?
2 Responses
F

Farouk Elhadi

Answered 20 days ago

User

An approved employment-based petition does not by itself grant permanent residence. If your priority date is not current, you must wait until a visa number becomes available before filing for adjustment of status or immigrant visa processing. During this waiting period, you must maintain a valid nonimmigrant status, such as H-1B or L-1, in order to remain lawfully in the U.S.

M

Mateo Ibarra

Answered 20 days ago

User

Priority date backlogs are common, especially in certain employment categories and for applicants from high-demand countries. While waiting, many workers rely on extensions of their underlying work visas. In some cases, an approved petition can allow extended work authorization beyond normal time limits, but this depends on your specific visa category and eligibility under existing regulations.

Even with an approved petition, planning ahead is essential. Falling out of status while waiting for a priority date to become current can jeopardize future adjustment. Employers and employees should track visa bulletin movement carefully and consult with counsel to understand options for extensions, portability, or alternative paths if delays are prolonged.

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