Just a short notice today and this one is not positive. Same as in the last year, there is a retrogression and NIW cases are backlogged from August 2019. Nobody with the “fresh” priority date can file I-485 petition. Check the chart below how old priority date you need to have to be able to file your I-485 petition.
We usually see that people from India and China had a huge backlog all the time. But typically, all other countries had a green light to submit I-485 right away. This is changing and it is worse than the last year.
When May You File I-485?
USCIS website recommends to do these steps:
- Find your priority date – this is the date when you filed your I-140
- Check official USCIS visa bulletin info (they issue a new one every month) – go to 2nd line and find the right column according to the country of your birth
- If the date on the chart is current (“C”) or your priority date is earlier than the date on the chart, you may file your I-485 Adjustment of Status application, if otherwise eligible to do so
What to Do NOW?
Good question! I got a ton of emails from you whether to hurry and submit I-485 right now. I cannot tell you it is 100% safe even though it is not August yet. There is very high risk you will not make it in time and they will reject your case. But…
Have you read the blog post from last year where one of my clients shared his experience how he was denied but it had happy ending?
Otherwise, we all hope that at the beginning of the new fiscal year (October 2019) USCIS will open the window again and allow everyone (except China and India, sorry guys) to submit their adjustment of status I-485 again.
Good luck to everyone, and remember to check visa bulletin before you submit I-485!
This is not accurate. Final action refers to issuing of green card and not application of change of status. Read the bulletin before you spread false info.
Nope, despite the name. Visa bulletin determines which chart to use (Final Action Dates vs. Dates for Filing Applications). Both are actually for filing the I-485 application and USCIS says which one of two must be used in the particular month. I published an interview with immigration lawyer where we dig deeper into this topic and provided links to the resources for verification: https://www.eb1agreencard.com/eb1a-priority-date-2018/
Quote from http://www.uscis.gov/visabulletininfo :
Does this information affect people involved in consular processing (from outside USA) or only those requesting for change of status from within the USA?
only those requesting for change of status from within the USA
Hi Veronika,
Thank you for the post. I am wondering if you may be able to tell me whether and how this change will affect people who have already had their green card interview with the USCIS? Thank you.
Hi Vicky,
hopefully not, but I don’t have direct experience with it.
Veronika