I-485 Adjustment of Status and Priority Date Information

August 9, 2017 Chelsea Iversen

Here are some of the most commonly asked questions about I-485 Adjustment of Status and I-485 priority date information.

When can I file my I-485 Adjustment of Status?

You can file your I-485 Adjustment of Status (even simultaneously with the I-140 petition) as long as your I-485 priority date is current.

What is my I-485 priority date?

For employment-based (EB) petitions, the priority date is the date the labor certification was filed with the U.S. Department of Labor (EB-2 and EB-3) or the date the I-140 immigrant petition was filed with the USCIS if a Labor Certification was not needed (EB-1). If your I-485 priority date is before the date indicated on the Visa Bulletin for the EB category and your country of birth, you can file it during the month when the priority date is current. There is one exception: You can adopt your spouse’s country of birth under the doctrine of cross-chargeability.

Examples:

  1. You are an EB-3, born in India. Your priority date is August 8, 2002: You are not current.
  2. You are an EB-2, born in China. Your priority date is December 31, 2008: You are current.
  3. You are an EB-2, born in China. You are married. Your spouse was born in Canada. Your priority date is January 1, 2009: You are current.
Employment-Based All chargeability areas, except those listed CHINA (mainland-born) INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01JAN09 01JAN09 C C
3rd 01FEB06 15OCT04 08AUG02 01FEB06 01FEB06
Other workers 01FEB06 22APR03 01AUG02 01FEB06 01FEB06
4th C C C C C
Religious workers C C C C C
5th C C C C C

 

Where can I find the latest Visa Bulletin update?

Visa Bulletin updates from USCIS are here: https://www.uscis.gov/visabulletininfo. The Visa Bulletin is updated and verified once a month by USCIS, shortly after updates are issued by the U.S. Department of State.

When does the Visa Bulletin get updated?

Generally, the Visa Bulletin is updated in the middle of the prior month. For example, the chart for May would be issued in mid-April. If one’s priority date is current, according to that chart, he or she could file the I-485 during May.

If I do not know my EB category and priority date, where can I find it?

If you are a customer, please post your question to your Envoy Communication Center. We will be happy to provide you with your EB and priority date.

If my I-485 priority date is current, let’s say during the month of January 2012, does it matter whether I file on the first or the 31st?

No. It does not matter if you file on the first or the 31st if your priority date is current.

If my I-485 priority date is current, let’s say during the month of January 2012, is the deadline to file January 31, 2012?

Not necessarily. If the following month’s Visa Bulletin shows that your priority date is still current, then, the deadline to file is the last date of the following month.

Will my family members automatically get their green cards when I get mine?

No. Each family member who wants a green card must file his or her own I-485, as well as I-131 (Application for a Travel Document (Advance Parole)) and I-765 (Application for Employment Authorization (EAD)) if he or she wants work and travel permits while the I-485 is pending. If you do not see the forms for your dependents in your account, please contact your HR or Envoy Account Executive.

What happens after I file my I-485?

Within 1 to 2 weeks, you will get your I-485 (I-131 and I-765 if filed) receipt notices. Within 4 to 6 weeks, you will be issued a biometrics appointment, which will tell you where and when you need to visit a local Application Support Center (ASC) to submit your photo and fingerprints for a security check. If you cannot make the appointment, please follow the instruction on the Appointment Notice by making the change request in writing. Please note that rescheduling your appointment may delay the processing of your I-485. If you filed your I-131 and I-765 with your I-485, within 90 days, you will get your EAD card and advance parole. Within 8 to 12 months, you will receive your green card in the mail or a notice for an adjustment interview. If the USCIS issues an adjustment interview notice, you must pass the interview before the USCIS can mail you your green card.

If you have to travel on an emergency basis, it may be possible to obtain an “expedite” on the advance parole, though proof of the emergency should be submitted. Weddings abroad are not generally considered emergencies.

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