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Update as of September 25 – The government rolled back several dates on Sept. 25. Please read details in our new post at http://wp.me/p4tOBX-jj

There’s a big change in the new October 2015 Visa Bulletin that will allow earlier applications for ‘adjustment of status,’ especially in the China, India and Philippines EB-2 and EB-3 employment categories.  The National Visa Center (NVC) will also start accepting documents for the embassy interview according to new dates. If you’re in those backlogged categories you know what this is about. If you don’t know what I’m writing about, this probably doesn’t affect you. Each month you probably anxiously await the Visa Bulletin to see if a visa is available in your category. It can take years. Once a visa is available you can file your I-485 application if you’re legally in the U.S., and apply for the related  benefits available to adjustment of status applicants: employment authorization documents, advance parole, and I-140 immigrant petition portability.

Now there are two dates and charts:

  1. “Application Final Dates” in the family and employment preference categories. These dates are like the current dates – a visa is actually available and you can interview and get your green card;
  2. “Dates for Filing” in the family and employment categories. A visa is not yet available but you are allowed to file your adjustment of status application if your priority date is before the date on the chart, AND applicants out of the U.S. can submit required documents to the NVC, following NVC notification and instructions.

Here’s the employment-based “Application Final Dates” chart for October – you can interview and get your green card if your priority date precedes these dates.

Employment- Based All Chargeability Areas Except Those Listed CHINA – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01JAN12 01MAY05 C C
3rd 15AUG15 15OCT11 08MAR04 15AUG15 01JAN07
Other Workers 15AUG15 01JAN06 08MAR04 15AUG15 01JAN07
4th C C C C C
Certain Religious Workers U U U U U
5th
Targeted
Employment
Areas/
Regional Centers
C 08OCT13 C C C

Now look at the second chart, with the “Dates for Filing.” If you are in the U.S. legally, you can file your I-485 application even though a visa is not yet available.  Applicants outside the U.S. can submit required documents to the NVC, following NVC notification and instructions.

Employment-
Based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01MAY14 01JUL11 C C
3rd 01SEP15 01OCT13 01JUL05 01SEP15 01JAN15
Other Workers 01SEP15 01JAN07 01JUL05 01SEP15 01JAN15
4th C C C C C
Certain Religious
Workers
C C C C C
5th Targeted
Employment Areas/
Regional Centers
and Pilot Programs
C 01MAY15 C C C

The two dates can be years apart in the two charts. For example, look at these differences:

  • China EB-2: the cut-off date for visa availability (first chart for “Application Final Dates”) is January 1, 2012. The “Dates for Filing” (second chart) is May 1, 2014. If your priority date is before 5/1/14, you and your spouse and under-21 children can file to adjust status starting Oct. 1, 2015.
  • India EB-2: the cut-off date for visa availability (first chart for “Application Final Dates”) is May 1, 2005, but you and your spouse and under-21 children can file your applications for adjustment if your priority date is before July 1, 2011 (second chart for “Dates for Filing”). That’s a six year difference!
  • Philippines EB-3: the cut-off date for visa availability (first chart for “Application Final Dates”) is January 1, 2007. You and your spouse and under-21 children can file your applications for adjustment starting Oct. 1, 2015 if your priority date is before Jan. 1, 2015 (second chart for “Dates for Filing”).  This is a huge eight year difference!

This applies in the family preference categories also but the differences in the dates generally aren’t nearly as dramatic.  There are some exceptions, especially Philippines F-1. For October, the “Application Final Date” is June 1, 2001; the “Date for Filing” is Sept. 1, 2005. Remember this only applies to those eligible to apply for adjustment – you must be in the United States legally to qualify. If you’re waiting abroad for your visa, you may be able to submit your documents to the NVC sooner, although the NVC already processes documents before a visa is actually available.  For more from the government, look at the USCIS information page.  Unfortunately, these dates may “retrogress” or go backwards from month to month, just like at present. So act quickly if you can.

To easily schedule an initial consultation to discuss your eligibility, go to our contact page.