The USCIS announced that for the month of October 2018, applicants for adjustment of status in both the employment-based and the family-based categories may file their I-485 applications according to the Filing Date Charts.

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This means that you may file your I-485 before your priority date is current, a big plus for you and your family members since this enables you and your family to obtain EAD work permits and AP travel permits.

Why the USCIS's Use of the Filing Date Charts is Important

Let’s say that you are in the worldwide EB-1 category (Persons of Extraordinary Ability, Outstanding Professors and Researchers, Executive/Managers of International Companies) and that your priority date is January 1, 2018.

In October 2018, the priority date for worldwide EB-1 will be April 1, 2017, which means you are months away from having a current priority date. However, the worldwide EB-1 date on the Filing Date Chart in October is June 1, 2018. And because the USCIS has agreed to allow applicants to use the Filing Date Charts in October, you, your spouse and your children will be able to apply for adjustment of status in October.

There is no need for you to wait for your priority date to be current!

For persons born in China and India, the EB-1 dates on the Filing Date Charts are 16 months ahead of the priority dates.

Another good example is for persons born in India who are in the slow-moving EB-3 category. While the current priority date will be January 1, 2009 in October, persons with priority dates before October 1, 2009 will be able to file their I-485s in October.

How About the Family Preference Categories?

Even if you are waiting for your FB priority date to be current, you may be able to submit your I-485 in October in accordance with the Filing Date Charts.

For example, persons in the worldwide F2B (unmarried sons and daughters of permanent residents) category may be able to apply for adjustment of status years before their priority dates are current.

The current worldwide F2B priority date in October will be November 22, 2011 yet the F2B date on the filing date chart is March 22, 2014. This will allow qualifying persons in this category to apply for adjustment of status and obtain EADs years before their priority dates are current!

A word to the wise: If you qualify to apply for adjustment of status in October, prepare your applications now. This is an opportunity you cannot afford to ignore!


VISA BULLETIN OCTOBER 2018 - EMPLOYMENT







The employment-based (EB) categories in the visa bulletin are as follows:A. FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES -
World China El Salvador, Guatemala, Honduras India Mexico Philippines Vietnam
1st 4-01-17 6-01-16 4-01-17 6-01-16 4-01-17 4-01-17 4-01-17
2nd Current 4-01-15 Current 3-26-09 Current Current Current
3rd Current 6-01-15 Current 1-01-09 Current 6-01-17 Current
Unskilled Current 5-01-07 Current 1-01-09 Current 6-01-17 Current
4th Current Current 2-15-16 Current 10-22-16 Current Current
5th Current 8-15-14 Current Current Current Current 1-01-16



















B. EMPLOYMENT-BASED FILING DATE CHART
World China El Salvador, Guatemala, Honduras India Mexico Philippines
1st 6-01-18 10-01-17 6-01-18 10-01-17 6-01-18 6-01-18
2nd Current 6-15-15 Current 5-22-09 Current Current
3rd Current 8-08-15 Current 10-01-09 Current 7-01-17
Unskilled Current 6-01-08 Current 10-01-09 Current 7-01-17
4th Current Current 5-01-16 Current Current Current
5th Current 10-01-14 Current Current Current Current


FAMILY-BASED CATEGORIES





The family-based categories in the visa bulletin are as follows:
An applicant's priority date is the day that the government received the I-130 Petition. For more on family-based visas and how you can shorten your application time, see Attorney Shusterman's video near the top of this page.


VISA BULLETIN - FAMILY


A. FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES
World China India Mexico Philippines
1st 6-01-11 6-01-11 6-01-11 8-01-97 12-22-06
2A 8-22-16 8-22-16 8-22-16 8-01-16 8-22-16
2B 11-22-11 11-22-11 11-22-11 5-15-97 5-15-07
3rd 6-15-06 6-15-06 6-15-06 12-22-95 6-08-95
4th 2-15-05 2-15-05 5-01-04 1-22-98 6-08-95

B. FAMILY-SPONSORED FILING DATE CHART
World China India Mexico Philippines
1st 3-08-12 3-08-12 3-08-12 10-08-98 2-15-08
2A 12-01-17 12-01-17 12-01-17 12-01-17 12-01-17
2B 3-22-14 3-22-14 3-22-14 6-22-97 12-15-07
3rd 1-08-07 1-08-07 1-08-07 12-22-98 6-01-97
4th 6-01-05 6-01-05 6-01-05 6-22-98 4-08-96