Wednesday, September 9, 2015

NEW VISA BULLETIN ALLOWS EARLY FILING OF I-485s

In a ground-breaking change, the Department of State and the USCIS have changed their process for accepting I-485, Applications for Adjustment of Status.  Adjustment of Status applications will now be accepted earlier than when the priority date is current. 

The Department of State will now publish two Employment-based Visa Bulletin charts each month: (1) Application Final Action Dates (dates when visas may finally be issued); and (2) Dates for Filing Applications (earliest dates when applicants may be able to apply). 

The earlier filing of the I-485 has several direct benefits for both employers and employees:
  • Applicants can file for their Employment Authorization Documents (EADs) concurrently with their I-485.  This allows Applicants to take advantage of the AC-21 rule for same or similar employment.  This also allows applicant to work at second jobs.
  • Applicants can file for their Advance Paroles (APs) concurrently with their I-485.  This allows Applicants to travel without having to obtain a new visa stamp.
  • Spouses of applicants can apply for both EADs and APs.  This allows spouse’s work authorization.
  • Fewer H-1B amendments and extensions should need to be filed.  None of the H-1B amendment rules apply to people who hold EADs.


If you are an employer or an employee who can now file an I-485, please contact our office so that we can prepare and file your I-485.


A. APPLICATION FINAL ACTION DATES

This Chart is comparable to the old Visa Bulletin.

Employment- Based
All Other
CHINA - mainland born
INDIA
PHILIPPINES
1st
C
C
C
C
2nd
C
01JAN12
01MAY05
C
3rd
15AUG15
15OCT11
08MAR04
01JAN07


B. DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart may:

  • Consular Applicants:  assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions.
  • Adjustment of Status Applicants: file Adjustment of Status, EAD and APs.

Employment- Based
All Other
CHINA - mainland born
INDIA
PHILIPPINES
1st
C
C
C
C
2nd
C
01MAY14
01JUL11
C
3rd
01SEP15
01OCT13
01JUL05
01JAN15


25 comments:

  1. Myself is an International RN waiting for priority date to become current. My priority date is January 2005.I am little confused. Does this mean that priority date for India has gone backwards. Sept visa bulletin was showing December 04 as priority date and october visa bulletin is showing March 04?

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  2. @Rajani- Yes. The India EB3 date has retrogressed to March 04 unfortunately. Since you are overseas, the "A" chart is the chart on which to focus your attention.

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  3. Hi, I'm a Filipino nurse available by my first emloyer with priority date April 2008, I have now a new employer and they filed me a new petition, my question is, this can they use my original petition/priority date?

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  5. @Michael- correct. Your new employer is ordinarily allowed to recapture the 2008 priority date.

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  6. We are eb3 July 2007 does this mean that before the year end we will get our gc

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  7. @Mamasha2010 - No - Look at the A Chart, above. India EB3 PD is 08 March 2004.

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  8. We are Philippines eb3 July 2007..

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  9. Can we expect forward movement next month? do they have an inventory of number of eb3 cases?

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  10. @Mamasha2010 - Maybe. It may take the USCIS/DOS a few months to work out the timing process in this new system. My sense is probably not, but early next year.

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  11. @Rafael - Yes. I expect steady movement for the next few months. I do not know what you mean by an "inventory".

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  12. The total number of eb3 cases approved per country?

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  13. Hi! Do you have any idea or when do you expect April 2008 priority date for Philippines EB3 to become current?

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  15. @Rafael- I see now. No - the USCIS / DOS does not release a total inventory number per country.

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  16. @Michael - My sense is that Phils EB3 will be current in the next 2-3 months. Perhaps as soon as November 2015.

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  17. Hi MU! Will this include Philippine nurses with 2014 priority dates? Mine is Nov. 2014.

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  18. Hi! MU do you think any changes will happen for EB3 India. My PD is Sep 2006. I am RN and in USA now. Then can I able to do adjustment of status?

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  19. @Mark: I think that Phils EB3 may be current in mid/late 2016.

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  20. @Sanjula, Unfortunately I think that it may be several years before you are current.

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  21. Hello MU,

    Both my husband and I are on H1 B and our priority dates are current for EB2 India at this time. We are planning to separately file for the I-485 status as well as derivative beneficiaries . Is it ok to do that or are we are only allowed to file in one way or the other ?

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  22. @PT 2006 - normally we only recommend one I-485 per person at a time.

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