A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration attorney and counsel. Contact Info: 732-632-9888, http://www.1visa1.com/ (All information is not legal advice and is subject to change without prior notice.)

Wednesday, September 9, 2015

New Visa Bulletin Allows Earlier I-485 Filing

Finally some good news is here for immigrant visa applicants. The October Visa Bulletin just released implemented a new policy listed in the November 2014 executive actions by adding a new chart for "Dates for Filing Applications".  

Yes, there are two charts now, one for determining when visa numbers actually become available (the old chart); and the other one determines when a visa applicant may file his or her I-485 and related applications (or start NVC processing).

This is great news as the filing of the I-485 application will also confer auxiliary benefits such as employment authorization (EAD) and travel document (AP).  Other benefits include portability under AC-21 for H-1B extension and porting of case to a new job. 

For example, the following are the Employment charts for October.  Although the old chart's priority date for EB-2 India remains May 01, 2005, the date in the new chart is July 01, 2011 - this means that many Indian applicants will be allowed to file their I-485 applications starting October 1, 2015!!

Similarly, for China's EB-2, the old chart's cutoff date is January 1, 2012 while the new chart is May 1, 2014.  Chinese nationals with priority dates before May 1, 2014 will be allowed to file their I-485 applications as of October 1, 2015.

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"Old Chart"

Employment- Based
All Chargeability Areas Except Those Listed
CHINA - mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
2ndC01JAN1201MAY05CC
3rd15AUG1515OCT1108MAR0415AUG1501JAN07
Other Workers15AUG1501JAN0608MAR0415AUG1501JAN07
4thCCCCC
Certain Religious WorkersUUUUU
5th
Targeted
Employment
Areas/
Regional Centers
C08OCT13CCC
5th
Pilot
Programs
UUUUU


"Dates for Filing Applications"

Employment-
Based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIAMEXICOPHILIPPINES
1stCCCCC
2ndC01MAY1401JUL11CC
3rd01SEP1501OCT1301JUL0501SEP1501JAN15
Other Workers01SEP1501JAN0701JUL0501SEP1501JAN15
4thCCCCC
Certain Religious
Workers
CCCCC
5th Targeted
Employment Areas/
Regional Centers
and Pilot Programs
C01MAY15CCC

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