NewsFlash! Use “Dates for Filing Chart” in Oct 2018 Visa Bulletin for All Categories

The U.S. Citizenship and Immigration Services (USCIS) updated its adjustment-of-status filing charts webpage today, indicating that the more favorable dates for filing (DF) chart is to be used for all family- and employment-based categories in the October 2018 Visa Bulletin. Most of the dates in the DF chart are at least several months ahead of the dates in the final action (FA) chart, and it is highly unusual for the USCIS to allow the use of the DF chart for employment-based cases. More details on the significances of the two-chart visa bulletin system are available in the MurthyDotCom NewsBrief, Priority Dates: How Does the Visa Bulletin Work? (27.Oct.2015).

Employment-Based, First Preference (EB1) Category

The DF cutoff dates for EB1 India and EB1 China are both set at October 1, 2017, which is more than a year ahead of their corresponding dates in the FA chart. For all other countries of chargeability, the EB1 DF date is June 1, 2018.

Employment-Based, Second Preference (EB2) Category

For EB2 India, the date of May 22, 2009 in the DF chart is almost two months ahead of the FA chart cutoff date. EB2 China’s DF date is also more favorable, with a June 15, 2015 cutoff date.

Employment-Based, Third Preference (EB3) Category

EB3 India’s cutoff date in the DF chart is October 1, 2009. This date is actually more favorable than the EB2 India cutoff date in the DF chart. For EB3 China, the DF cutoff date is August 8, 2015.

Conclusion

This is a welcome surprise for those who would not be eligible to file for adjustment of status in October, but for the ability to use the DF chart. If any more information is provided, the details will be posted on MurthyDotCom.

 

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.