Breaking News
The greatly anticipated October 2020 Visa Bulletin was released by the U.S. Department of State, which showed advancement in most employment-based categories, with no movement in the family-based dates.
In a surprising move, USCIS announced that they will use the “Filing Dates” section of the Visa Bulletin for purposes of determining who can file I-485, Adjustment of Status, during the month of Octobe r. Typically, USCIS uses the “Final Action Dates” chart for accepting adjustment of status application filings. This move allows individuals with priority dates before the dates listed in Filing chart section of the Visa Bulletin to be eligible to file an I-485 Adjustment of Status application, with USCIS, between October 1st and October 31st.
By allowing the use of the Filing Dates, a significant number of applicants from India and China will be able to file their I-485 application in the month of October, many of whom have been waiting at least a decade to file.
Highlights of October 2020 “Dates for Filing” Chart
India
EB-1 India with Priority Date before September 1, 2020;
EB-2 India with Priority Date before May 15, 2011;
EB-3 India with Priority Date before January 1, 2015.
China
EB-1 China with Priority Date before September 1, 2020;
EB-2 China with Priority Date before October 1, 2016;
EB-3 China with Priority Date before June 1, 2018.
Downgrade from EB-2 to EB-3
The October Visa Bulletin appears to show that EB-3 India and EB-3 China advancing more aggressively relative to EB-2 India and EB-2 China, in the Final Action Chart and the Dates of Filing Chart. This has created the question of whether it would be feasible to “downgrade” an approved EB-2 I-140 petition to EB-3, thus resulting in the ability to file I-485 adjustment of status.
It is possible and feasible to downgrade an EB-2 I-140 petition to EB-3. This has many benefits but the main benefit would be the ability to file I-485 and obtain independent work cards and travel permits and the ability to port the I-485 green card process to a new employer under AC21 after 180 days of filing. Please reach out to your Greenspoon Marder point of contact so that we can assess the pros and cons of a “downgrade” petition.
Rapid Movement of Priority Dates Expected for FY 2021
It is expected that in Fiscal Year 2021, priority dates will continue to advance at a rapid pace as unused family-based visa numbers from the immediate prior fiscal year will be added to the employment-based allocation (and vice versa). The State Department predicts the following potential monthly cut-off date movements:
EB-1: Remain current for all countries except India and China. Rapid forward movement for India and China.
EB-2: Remain current for all countries except India and China. Rapid forward movement for India and China.
EB-3 Professionals and Skilled Workers: Remain current for all countries except India and China. Rapid forward movement for India and China.
EB-5: Remain current for all countries except China and Vietnam. No forward movement for China and limited forward movement for Vietnam.
Conclusion
Our office stands ready to assist you to taking advantage of this limited opportunity. We are happy to provide a free quote for preparing and filing your I-485 application.
Please reach out to your Greenspoon Marder LLP Immigration & Naturalization Practice Group attorney for any questions or concerns. Click here to stay updated on our weekly alerts.
About Greenspoon Marder Greenspoon Marder LLP is a full-service law firm with over 225 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.
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