NEW VISA BULLETIN ALLOWS EARLY FILING OF I-485s

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

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

The earlier filing of the I-485 has several direct benefits for both employers and employees:

• Applicants can file for their Employment Authorization Documents (EADs) concurrently with their I-485.  This allows Applicants to take advantage of the AC-21 rule for same or similar employment.  This also allows applicant to work at second jobs.
• Applicants can file for their Advance Paroles (APs) concurrently with their I-485.  This allows Applicants to travel without having to obtain a new visa stamp.
• Spouses of applicants can apply for both EADs and APs.  This allows spouse’s work authorization.
• Fewer H-1B amendments and extensions should need to be filed.  None of the H-1B amendment rules apply to people who hold EADs.

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

The new October 2015 Visa Bulletin is:

A. APPLICATION FINAL ACTION DATES

This Chart is 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-BASED VISA APPLICATIONS

Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart may:

• Consular Applicants:  assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions.

• Adjustment of 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