October 2020 Visa Bulletin Published; USCIS Will Use “Dates for Filing” Chart

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After much anticipation, the US Department of State has published the Visa Bulletin for October 2020, which showed advancement in most employment-based categories.

Surprisingly, USCIS followed with an announcement that it will be using the “Dates for Filing” chart for accepting employment-based adjustment of status application filings in the month of October. Typically, USCIS uses the “Final Action Dates” chart for accepting adjustment of status application filings.

For many individuals pursuing green cards, the use of the Dates for Filing chart is great news because it contains more progressive cutoff dates than the Final Action Dates chart.

So what does this all mean? It means that individuals with priority dates on or before the dates listed in the October 2020 Dates for Filing chart will be eligible to file an I-485 Adjustment of Status application with USCIS between October 1 and October 31.

October 2020 “Dates for Filing” Chart

Oct 2020 Visa Bulletin - Dates for Filing Chart.PNG
 

Key Highlights of October 2020 “Dates for Filing” Chart

EB-1 Category

  • Individuals born in China or India: If your EB-1 priority date is September 1, 2020 or earlier, you and your dependents are eligible to file I-485 Adjustment of Status applications during the month of October.

  • Individuals born in All Other Countries: You and your dependents are eligible to file I-485 Adjustment of Status applications during the month of October, regardless of your priority date.

EB-2 Category

  • Individuals born in China or India: If your EB-2 priority date is May 15, 2011 or earlier, you and your dependents are eligible to file an I-485 Adjustment of Status applications during the month of October.

  • Individuals born in All Other Countries: You and your dependents are eligible to file I-485 Adjustment of Status applications during the month of October, regardless of your priority date.

EB-3 Category

  • Individuals born in China or India: If your EB-3 priority date is January 1, 2015 or earlier, you and your dependents are eligible to file an I-485 Adjustment of Status applications during the month of October.

  • Individuals born in All Other Countries: You and your dependents are eligible to file I-485 Adjustment of Status applications during the month of October, regardless of your priority date.

EB-2 to EB-3 Downgrade for China and India

Some individuals born in China and India with EB-2 priority dates may benefit by downgrading from the EB-2 category to the EB-3 category. Here’s how:

  • If you were born in China, the EB-3 China priority date cutoff in the October 2020 Visa Bulletin (June 1, 2018) is 1 year and 8 months ahead of the EB-2 China priority date cutoff (October 1, 2016).

  • If you were born in India, EB-3 India priority date cutoff in the October 2020 Visa Bulletin (January 1, 2015) is 3 years and 7.5 months ahead of the EB-2 India priority date cutoff (May 15, 2011).

So, by downgrading from EB-2 to EB-3, an individual born in China or India whose priority date is not prior to the EB-2 cutoff date, but is prior to the EB-3 cutoff date, can become eligible to file an I-485 Adjustment of Status application in October 2020 under the EB-3 category.

To learn more about the EB-2 to EB-3 downgrade process, check out our EB-2 to EB-3 Downgrade FAQ.

Next Steps

If you are eligible to file an I-485 Adjustment of Status application based on the October 2020 Visa Bulletin Dates for Filing chart, please complete our October 2020 Adjustment of Status Intake Form and an Ellis Porter attorney will contact you to discuss the steps required to retain Ellis Porter and start the application process.

If you are interested in filing an EB-2 to EB-3 downgrade application, please complete our October 2020 EB-2 to EB-3 Downgrade Intake Form and an Ellis Porter attorney will contact you to confirm your eligibility, and discuss the steps required to retain Ellis Porter and start the process.

Ellis Porter Client Communications and Application Preparation Plan

Please note that there will likely be thousands, if not tens of thousands, of individuals in the US who will be eligible to file Adjustment of Status applications in the month of October based on the October 2020 Visa Bulletin. As a result, the Ellis Porter team will be receiving an extremely high volume of calls and emails from clients and we kindly request your patience as we do our best to respond to each client inquiry as quickly as possible.

However, thanks to our technology, our streamlined application preparation processes and our team of over 65 experienced immigration professionals, Ellis Porter is well-prepared to make sure we can file all Adjustment of Status applications for all eligible clients during the month of October.

More Questions about the October 2020 Visa Bulletin?

Check out our October 2020 Visa Bulletin FAQ.