Adjustment of Status Filing Dates for October 2018

Adjustment of Status Filing Dates for October 2018
September 14, 2018

Surprisingly, USCIS determined today that, in October, employment-based applicants may file their Adjustment of Status (AOS) I-485 applications based on the “Dates for Filing” chart of the October Visa Bulletin.  

 

The priority date cutoff under the “Dates for Filing” chart are further advanced than the “Final Action Dates” chart.  As such, today’s announcement will allow more applicants to file in October than if the “Final Action Dates” chart is used to determine cutoff dates.  For example:

 

 

Final Action Dates (Cutoff Date)

Dates for Filing (Cutoff Date)

India EB2

26 MAR 09

22 MAY 09

India EB3

01 JAN 09

01 OCT 09

China EB2

01 APR 15

15 JUN 15

China EB3

01 JUN 15

08 AUG 15

 

Interestingly, in October, an applicant born in India with a priority date between 5/22/09 and 10/01/09 would be “current” (eligible to file I-485) under the EB3 category, but not under the EB2 category.  China-born EB3 will also enjoy a slight advantage over EB2 in October (but this phenomenon is not new for China-born applicants).

 

Rarely does USCIS accept the “Dates for Filing” chart for employment-based I-485 applications.  It remains to be seen whether USCIS will continue to accept the “Dates for Filing” chart in November and beyond.

 

If you have questions regarding this article, please contact your ILG attorney.