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.
The new October
2015 Visa Bulletin is:
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
|
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?
ReplyDelete@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.
ReplyDeleteHi, 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?
ReplyDeleteThis comment has been removed by the author.
ReplyDelete@Michael- correct. Your new employer is ordinarily allowed to recapture the 2008 priority date.
ReplyDeleteWe are eb3 July 2007 does this mean that before the year end we will get our gc
ReplyDelete@Mamasha2010 - No - Look at the A Chart, above. India EB3 PD is 08 March 2004.
ReplyDeleteWe are Philippines eb3 July 2007..
ReplyDeleteCan we expect forward movement next month? do they have an inventory of number of eb3 cases?
ReplyDelete@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.
ReplyDelete@Rafael - Yes. I expect steady movement for the next few months. I do not know what you mean by an "inventory".
ReplyDeleteThe total number of eb3 cases approved per country?
ReplyDeleteHi! Do you have any idea or when do you expect April 2008 priority date for Philippines EB3 to become current?
ReplyDeleteThis comment has been removed by the author.
ReplyDelete@Rafael- I see now. No - the USCIS / DOS does not release a total inventory number per country.
ReplyDelete@Michael - My sense is that Phils EB3 will be current in the next 2-3 months. Perhaps as soon as November 2015.
ReplyDeleteThanks MU!
ReplyDeleteHappy to help Michael!
ReplyDeleteHi MU! Will this include Philippine nurses with 2014 priority dates? Mine is Nov. 2014.
ReplyDeleteHi! 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?
ReplyDelete@Mark: I think that Phils EB3 may be current in mid/late 2016.
ReplyDeleteThanks MU!
Delete@Sanjula, Unfortunately I think that it may be several years before you are current.
ReplyDeleteHello MU,
ReplyDeleteBoth 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 ?
@PT 2006 - normally we only recommend one I-485 per person at a time.
ReplyDelete