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by Chris Musillo
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.
CHINA - mainland born
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.
CHINA - mainland born
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