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Chris Musillo on Nurse and Allied Health Immigration

ANALYSIS: NEW VISA BULLETIN ALLOWS EARLY FILING OF I-485s

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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.


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


Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com. You can also visit us on Facebook and follow us on Twitter.

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