The USCIS announced that for the month of January 2019, 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.
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 January 2019, 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 January 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!
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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 the Philippines who are in the slow-moving EB-3 category. While the current priority date will be October 1, 2017 in January, persons with priority dates before June 1, 2018 will be able to file their I-485s in January
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 January 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 January 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 January, prepare your applications now. This is an opportunity you cannot afford to ignore!
VISA BULLETIN for January 2019 – EMPLOYMENT
The employment-based (EB) categories in the visa bulletin are as follows:
- EB-1 Priority Workers
- EB-2 Advanced Degree Professionals
- EB-3 Professionals & Other Workers
- EB-4 Religious Workers & Others
- EB-5 Investors
A. FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES –
|World||China||El Salvador, Guatemala, Honduras||India||Mexico||Philippines||Vietnam|
B. EMPLOYMENT-BASED FILING DATE CHART
|World||China||El Salvador, Guatemala, Honduras||India||Mexico||Philippines|
The family-based categories in the visa bulletin are as follows:
- F-1 Unmarried Adult Sons & Daughters of US Citizens
- F-2A Spouses & Children of LPRs
- F-2B Unmarried Adult Sons & Daughters of LPRs
- F-3 Married Sons & Daughters of US citizens
- F-4 Brothers & Sisters of US Citizens
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
B. FAMILY-SPONSORED FILING DATE CHART