The October 2025 Visa Bulletin is out, ushering in the new fiscal year and (for many) long-awaited movement in the green card queues. If you’re waiting for your employment-based green card, this bulletin might finally open a path—either to file your Adjustment of Status (I-485) or to get your pending case approved now that a visa number is available. Preparing early and thoroughly can shave weeks or months off your timeline and prevent avoidable setbacks.

This guide breaks down what to do for two groups:

• Group 1: Your priority date just became current under the Dates for Filing chart and you can now submit your I-485.
• Group 2: Your I-485 is already pending, and your priority date is becoming current under the Final Action Dates chart—meaning a visa number is (or soon will be) available for approval.

We’ll also explain the Visa Bulletin in plain English, include special notes on medical exams, birth certificates, Supplement J, transfer of underlying basis (TUB), delay litigation, and even a family-based F2A strategy that can help some applicants who originally filed under EB.

Visa Bulletin Basics: Filing Dates vs. Final Action Dates

Each month, the Department of State’s Visa Bulletin controls the pace of green card processing. It has two charts:

• Dates for Filing (DOF): If your priority date is earlier than the date in this chart, you can file your I-485 (assuming USCIS says to use this chart that month which they usually do in the beginning of the fiscal year). Think of this as permission to get in line.
• Final Action Dates (FAD): If your priority date is earlier than the date in this chart, a visa number is available and your case can be approved.

Each month, USCIS announces which chart employment-based applicants should use to file. October matters because it’s the start of the federal fiscal year—new visa numbers are allocated and categories often move. Typically, in October, USCIS will use the DOF chart. Your goal: be filing-ready when your window opens and adjudication-ready when your date becomes current for final action.

Group 1: Preparing to File Your I-485 (Dates for Filing)

If your priority date is current in the Filing Date chart and USCIS is allowing you to use that chart, you’re eligible to submit your I-485. This is a major milestone. Here’s how to prepare quickly and correctly.

1. Gather Key Evidence

Core evidence to gather now:

• Immigrant petition approvals: Copy of your I-140 approval (employment-based) or I-130 approval (family-based). If you do not have a copy, consider doing a FOIA request for you records immediately.
• Civil documents:
  • Birth certificate with English translation if needed.
  • Marriage certificate and, if applicable, divorce decrees or adoption orders.
  • No birth certificate? Get a non-availability certificate from the local authority and provide secondary evidence (two notarized affidavits from relatives with personal knowledge, plus school records, hospital records, old IDs, or other official papers showing your name, DOB, and parentage). Start this early—it can take time.
• Passport & status history: Biographic page, U.S. visa pages, most recent I-94, all I-797 approvals (H-1B, F-1, etc.).

1. Medical Exam (Form I-693)

• Schedule your medical with a USCIS-designated civil surgeon.
• If your I-693 is signed on/after Nov. 1, 2023, it does not expire under current policy.
• If it was signed earlier, it’s valid for two years; plan accordingly.
• Best practice: include the sealed I-693 with your I-485 to avoid later RFEs. It is current USCIS policy that individuals MUST submit their Form I-485 with the filing

1. Supplementary Forms to Include

• Form I-485J (Supplement J):
  • Required when filing based on a previously approved I-140, to confirm the job offer is bona fide and unchanged.
  • Not required if you’re filing concurrently with a new I-140.
• Form I-765 (EAD) and Form I-131 (Advance Parole): Strongly recommended for work and travel flexibility while the I-485 is pending. =

1. Filing Strategy and Quality Control

• File promptly: Dates can retrogress without warning. Filing while current locks in your place in line.
• Check everything twice: Signature pages, correct fees, correct edition dates, and consistent answers across forms.
• Use a cover letter: Index your packet so officers can quickly see that medicals, Supplement J, photos, and supporting docs are included.

Group 2: Your I-485 Is Pending and Your Date Is Current (Final Action)

If you already filed the I-485 and your priority date becomes current in Final Action, USCIS can approve your case—provided your file is decision-ready. Here’s how to keep momentum and avoid even more delays.

1. Consider Litigation If Your Case Has Stalled

Even when current, some cases linger due to background checks, misplaced files, or agency slowdowns. If you’ve been current for a while with no movement, delay litigation (mandamus/APA) can compel a decision. This can be a good tool to potentially shake the trees loose and compel an adjudication. Litigation isn’t for everyone, but it’s an important lever if service requests and congressional inquiries go nowhere. Talk with counsel about timing and strategy, especially in a year where scrutiny and “extreme vetting” concerns may resurface. It is worth noting, the government can always fight the lawsuit, but retaliation against you for suing is never an issue.

1. Refresh Your Medical Exam Proactively

• If your I-693 is older than two years and was signed before Nov. 1, 2023, expect an RFE.
• Book a new I-693 now so you can respond within days, not weeks, when an RFE arrives—or interfile it proactively.
• If your I-693 was signed on/after Nov. 1, 2023, you likely don’t need a new exam unless USCIS flags a specific issue.

1. Supplement J: Confirmation or Portability

• No job change: USCIS may still request an updated Supplement J to confirm the offer before approval. Have one signed and ready.
• Job change (AC21 portability): After 180+ days pending, you may switch to a same or similar position and submit a Supplement J from the new employer to “port” your case. Timing can be flexible (on RFE, at interview, or proactively), but don’t wait until the eleventh hour if you’ve already moved.

1. Transfer of Underlying Basis (Interfiling)

If a different category offers faster approval, you can request to transfer your pending I-485 to that basis:

• EB-2 ↔ EB-3: If you have an approved petition in the other category (or your employer can file one based on the same PERM), you can switch.
• EB → Family (F2A): If your spouse is now a permanent resident and the F2A category is current, you may transfer your I-485 to that approved I-130 to bypass EB backlogs.
• Key requirements:
  • A valid approved petition in the new category.
  • Your priority date is current in Final Action for the new category at the time you request the transfer.
  • For EB cases, include a Supplement J confirming the job offer in the new category.
  • No new I-485 fee—this is a written request on your existing case.

1. Respond Quickly to USCIS

• RFEs: Common asks include a fresh I-693, updated Supplement J, or status clarification.
• Interviews: Many EB cases are waived, but if you’re scheduled, bring original civil docs, employment verification, and any updated evidence.
• Address updates: File AR-11 promptly so notices reach you.

Special Note: Family-Based Option for Some EB Filers

In late FY 2022, there were a number of people that had the primary spouse get adjudicated, but the derivative spouse or child did not. Those indioviduals filed family based I-130s. For some, they are now current and the employment-based I-485s remain pending. If this is your situation, you should be able to do a transfer of underlying basis from the employment-based to family-based without the need to file a new I-485. Impact on work/travel documents (your pending I-485 still supports EAD/AP, but confirm specifics with counsel).

Done correctly, an EB → F2A transfer can be the fastest path to approval for certain families, especially those where the spouse got left behind with adjudication and they filed for F2A.

Travel, Work, and Life Admin While You Wait

• Travel (Advance Parole): If you filed I-131, use Advance Parole for reentry while your I-485 is pending. Leaving without AP (and without maintaining dual intent status like H/L) can abandon the I-485. If you maintain valid H-1B/H-4 or L-1/L-2, you generally can travel and reenter on that visa without abandoning the I-485—coordinate with counsel. Delay litigation is available for this if needed.
• Work (EAD): The I-765 (EAD) keeps you working even if your nonimmigrant status changes. Renew early to avoid gaps. Delay litigation is available for this if needed.
• Address & communication: File AR-11 for moves, keep your USCIS online account active, and store copies of everything you submit.

Common Pitfalls (and How to Avoid Them)

1. Missing or deficient birth evidence: If no official birth certificate exists, don’t wait—assemble non-availability plus affidavits and secondary records now.
2. Expired medicals: Many long-pending cases need a fresh I-693 under the old two-year rule. Have it ready to avoid weeks of delay.
3. Supplement J surprises: Switching employers without planning a portability Supplement J can stall final approval.
4. Waiting through unreasonable delays: If your date is current and months pass with no action, discuss delay litigation options.
5. Missing the filing window: Filing Date movement can evaporate next month. File while current; don’t assume the window will stay open.

Mini-FAQ

Q: My date is current in Filing Dates but not Final Action. Should I file?
A: If USCIS is accepting Filing Dates for your category that month, yes—filing locks in your place. Your case won’t be approved until Final Action is current, but you gain EAD/AP and portability benefits.

Q: Do I need a to file with a medical exam?
A: Yes, current USCIS policy requires a medical exam to file your I-485, not just down the road which was allowed in the past.

Q: I changed jobs after 180 days pending—what now?
A: File a Supplement J to document portability to a same/similar role. You can submit proactively or when USCIS asks. Speak with counsel to discuss if you want to discuss pros and cons.

Q: Can I switch from EB-2 to EB-3 if EB-3 is faster for me?
A: Yes, if you have (or your employer files) an approved I-140 in the target category. Then request a transfer of underlying basis on your pending I-485.

Q: My I-485 has been current for a long time with no decision. Should I sue?
A: Consider it. APA delay or WOM can be a powerful tool when cases are pending for a long time. Talk with counsel about your timeline and prospects.

Final Tips: Be Proactive, Precise, and Persistent

• Track the bulletin monthly and confirm which chart USCIS is using.
• Act fast when your date becomes current—filing and adjudication windows can close.
• Over-prepare: medicals, birth evidence, Supplement J, interfiling letters—have them ready.
• Escalate smartly: service requests, congressional inquiries, and, if needed, litigation.

The path to a green card can be long, but October’s Visa Bulletin may be your moment. With the right preparation, you can file confidently, respond swiftly, and position your case for timely approval.

At Reddy Neumann Brown PC, we help thousands of high-skilled immigrants and employers navigate filing windows, interfiling, portability, and delay litigation. If your date is current—or close—contact us so we can map the fastest, safest route to approval for you.

By: Steven Brown

Steven A. Brown is a Partner at Reddy Neumann Brown PC, where he leads the firm’s Litigation Team, addressing delays and denials of immigration benefits, FOIA requests, and policy and regulatory challenges. Steven is dedicated to delivering practical and effective solutions for clients facing unreasonably delayed or unlawfully withheld immigration benefits, including Employment Authorization Documents (EADs), advance parole, green cards, 221(g) decisions, EB-5 delays, and other immigration-related matters. His litigation efforts were instrumental in Shergill, et al. v. Mayorkas, a landmark case that led to the U.S. government recognizing that under the INA, L-2 and E visa spouses are authorized to work incident to their status, eliminating the need for separate EAD applications. This case has transformed work authorization for thousands of families across the United States.