For Indian born professionals, the November 2026 Visa Bulletin was another month of waiting with one small exception. EB-2 India held at November 1, 2013 on the Final Action Dates chart. EB-3 India advanced three weeks, from January 1, 2014 to January 22, 2014. The Dates for Filing chart for both categories stayed at January 15, 2015.
The two charts for India this month
USCIS has determined that all employment based applicants must use the Dates for Filing chart for November 2026. For EB-2 and EB-3 India, that chart sits at January 15, 2015, so only applicants with priority dates earlier than that may file Form I-485 this month. For approvals, the Final Action Date controls: November 1, 2013 for EB-2 and January 22, 2014 for EB-3.
EB-1 India also held at February 1, 2023 on the Final Action chart, with a Date for Filing of July 1, 2024.
EB-3 India is now ahead of EB-2 India
With the three week move, the EB-3 India Final Action Date is now roughly eleven weeks ahead of EB-2 India. For applicants with an approved EB-2 I-140 and a priority date between November 1, 2013 and January 22, 2014, an EB-3 petition that retains the original priority date could make the difference between an approvable case and a stalled one. This requires a new EB-3 Form I-140 from the employer and a careful review of the job offer, labor certification and current status. It is not right for everyone, but it is worth an informed conversation this month.
Maintaining H-1B status during the wait
Federal law known as AC21 permits H-1B extensions beyond the normal six year limit in two situations: in one year increments when a labor certification or I-140 has been pending for at least 365 days, and in three year increments when an I-140 is approved but a visa number is not available because of the per country limit. Employers should calendar extension deadlines well ahead of expiration.
Considering EB-1
Some senior engineers, researchers, physicians and executives who were placed in EB-2 years ago now have records that support EB-1A (extraordinary ability), EB-1B (outstanding researcher) or EB-1C (multinational manager or executive). EB-1 India is not current, but its Final Action Date of February 1, 2023 is nearly a decade ahead of EB-2 India. A priority date earned in EB-2 can be retained when an EB-1 petition is approved.
Next steps
Ahluwalia Law Offices has guided Indian born professionals and their employers through EB-3 refiling, EB-1 upgrades and long term H-1B maintenance for many years. Schedule a consultation at ahluwalialaw.com/consultations or call our Dallas office at (972) 361 0606 or our Houston office at (713) 600 4338.
Frequently asked questions
What is the EB-2 India priority date for November 2026?
The Final Action Date is November 1, 2013 and the Date for Filing is January 15, 2015. Neither moved from October.
Did EB-3 India move in November 2026?
Yes. The EB-3 India Final Action Date advanced from January 1, 2014 to January 22, 2014. The Date for Filing stayed at January 15, 2015.
Should I downgrade from EB-2 to EB-3 India?
EB-3 India is currently ahead of EB-2 India on the Final Action chart. Whether a new EB-3 I-140 helps depends on your priority date, your employer and your status. Speak with an attorney before deciding.
Can I extend my H-1B beyond six years while waiting for an Indian priority date?
Yes, in most cases. Extensions beyond six years are available when an I-140 is approved and a visa number is unavailable, or when a labor certification or I-140 has been pending at least 365 days.
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