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

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

The earlier filing of the I-485 hasseveral direct benefits for both employers and employees:
  • Applicants can file for their EmploymentAuthorization Documents (EADs) concurrently with their I-485.  This allows Applicants to take advantage ofthe AC-21 rule for same or similar employment. This also allows applicant to work at second jobs.
  • Applicants can file for their AdvanceParoles (APs) concurrently with their I-485. This allows Applicants to travel without having to obtain a new visastamp.
  • Spouses of applicants can applyfor both EADs and APs.  This allowsspouse’s work authorization.
  • Fewer H-1B amendments and extensionsshould need to be filed.  None of theH-1B amendment rules apply to people who hold EADs.



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

The new October2015 Visa Bulletin is:

A. APPLICATION FINAL ACTION DATES

This Chartis 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-BASEDVISA APPLICATIONS

Applicantsfor immigrant visas who have a priority date earlier than the cut-offdate in the chart may:

  • ConsularApplicants:  assemble and submit requireddocuments to the Department of State’s National Visa Center, following receiptof notification from the National Visa Center containing detailed instructions.
  • Adjustmentof 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