Understanding Green Card Backlogs: What You Can Do to Move Forward

If you're an employment-based immigrant waiting for your green card, you may have noticed that despite having an approved I-140 with a priority date from years ago, you're still not as close to a green card as you expected. The visa bulletin moves slowly—especially for Indian nationals—and the backlog can significantly impact your career, family, and long-term plans in the U.S.

If you're feeling frustrated or uncertain about your green card timeline, you're not alone. But there may be options to improve your situation. Let's break down the current backlog issues and explore what you can do to take control of your immigration journey.

The Green Card Backlog: What’s Happening?

Your priority date must become "current" on the visa bulletin before you can proceed from an approved I-140 petition to filing your adjustment of status (Form I-485). Unfortunately, visa bulletin movements are unpredictable, and how long it took for others in the past is no guarantee of how long it will take for you.

Why is the backlog so severe?

• The annual cap for employment-based green cards is only 140,000, and both principal applicants and their dependent family members count toward the total.
• Certain countries, like India, have high demand and limited visa availability, leading to decades-long waits in some cases.
• During the pandemic, consulates were closed, and green cards spilled over into employment-based categories, temporarily speeding up processing for people applying for green cards from inside the United States. But that surge was brief, and family-based categories have resumed taking their full visa allotment.
• The backlog has real consequences—especially for those on H-1B visas with dependent children who may age out before their green card processing is complete.

How the Backlog Affects Your Career and Family

While waiting for your priority date to become current, your career and family plans may feel stuck.

Career Limitations

• If you're on an H-1B visa, you can continue renewing it indefinitely in three-year increments as long as your green card process is in motion.
• However, you're still locked into your sponsoring employer, limiting your flexibility to explore better job opportunities or transition into a new role, unless that new company will sponsor a new green card process for you.
• If retirement is on the horizon for you, you need to assess whether you can wait out the backlog or look for a faster green card pathway.

Impact on Children in H-4 Dependent Status

• Children under 21 can stay in the U.S. on H-4 dependent visas, but once they turn 21, they must switch to another status (such as F-1 for students) or leave the country.
• The transition from H-4 to F-1 doesn’t happen automatically, and if there's a delay or issue in the process, it could jeopardize their ability to stay.
• While an H-4 dependent could follow their own immigration path—such as getting an F-1 visa, going through OPT, obtaining STEM OPT, and later winning an H-1B lottery—this is a difficult and uncertain process. Many young adults raised in the U.S. may not anticipate these hurdles.

The visa backlog isn’t just a bureaucratic inconvenience—it has major life consequences. If your goal is for your entire family to obtain green cards, waiting in line may not be your best option.

How to Improve Your Green Card Timeline

Given the unpredictability of the visa backlog, you may want to explore alternative routes to speed up your green card process.

Can You Qualify for a Faster Employment-Based Green Card?

Many professionals stuck in the backlog should evaluate whether they qualify for the EB-1 category, which allows individuals with extraordinary ability in their field to move to the front of the line.

• The EB-1A (Extraordinary Ability) category is for professionals who can demonstrate national or international recognition for their work.
• While the EB-1 category also has a backlog for Indian nationals (currently around three years), it's significantly faster than EB-2 or EB-3, which can take decades.
• If you've already established a priority date through your EB-2 or EB-3 I-140 petition, obtaining an EB-1 approval lets you retain your original priority date while moving into a faster category.

Benefits of Moving to EB-1

If your EB-1A petition is approved, you can immediately apply for an adjustment of status (I-485). While this doesn’t grant an instant green card, it gets you much closer than waiting years for an EB-2 or EB-3 priority date to become current.

• I-485 applicants can file for a work permit (I-765), allowing you and your family to work in the U.S. while waiting for green card approval.
• Once your I-485 is pending, you are no longer tied to your H-1B employer sponsorship, giving you greater career flexibility.

What You Should Do Next

If you’re feeling uncertain about your green card process, now is the time to take action.

• Check the visa bulletin to understand where your priority date stands each month.
• Explore EB-1 eligibility—you might already qualify for a faster green card option.
• Consult with an immigration attorney to review your case and build a strategy that works for your goals.