News & Insights

October 2020 Visa Bulletin Is Finally Out And It Is Good News!

As many of you are already aware, the delayed October 2020 visa bulletin is finally out and it is good news.  This fiscal year, there are 261,500 employment-based visas, compared to the usual allotted 140,000.  This is as a direct result of an infusion of the unused family-based numbers from FY2020.  USCIS has also confirmed that the filing dates chart can be used which means those previously ineligible to file can now file. Below is a brief summary of the forward movement in priority dates for Indian Nationals based on the filing dates chart.

EB-1
Priority dates have moved forward from July 1, 2018, until Sep 1, 2020.

EB-2
Priority dates have moved forward from Aug 15, 2009, until May 15, 2011.

EB-3
Priority dates have moved forward from Feb 1, 2010, until Jan 12, 2015.

This is the most significant movement in priority dates for some time.  As USCIS usually determines that employment-based applicants use the final action dates chart we do not know how long this will last.  Therefore, we strongly encourage everyone to check their priority dates.  For example, if you have an approved I-140 under EB-3 and your priority date is earlier than Jan 12, 2015, you can file for adjustment of status in October along with your qualifying family members.

Please also note that if you have an approved EB-2, it is possible to downgrade to an EB-3 and re-file the I-140 and concurrently file the I-485.

However, please note the two following points:

1.    Trump’s public charge rule is back in effect which means you will have to file Form I-944, Declaration of Self-sufficiency.  For further details please see the following post:

https://www.patellegal.com/trumps-public-charge-rule-is-back/

2.    New USCIS filing fees are applicable from October 2, 2020.  This means if you are filing for adjustment of status and wish to apply for EAD and advance parole you will have to pay additional filing fees, namely $550 for the EAD and $590.00 for the advance parole.

If you think you are eligible to file, please feel free to reach out to us.  As we expect a high volume of cases we will be dealing with cases on a first-in, first-out basis.

You can reach us at 972-650-6848 or cprescott@patellegal.com.

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