ead for i140

[Updated] Are You Ready to Apply for EAD with Approved I-140?

Updated (Nov 20, 2015): EAD FOR I140 rule is now submitted for OMB approval on Nov 19. Here’s summary of the Rule.

ead for i140 proposed rule

Updated (Sep 25, 2015): Early Filing Dates Moved Back from July 1, 2011 to July 1, 2009 for India and Jan 1, 2013 for China.

Upated (Nov 6, 2015) – EAD for I-140 rule should be published shortly.


Impact: People who were getting ready to apply for EAD with Early Filing Dates have to wait longer.

[x_alert type=”info”]This article is about getting EAD by filing I-485 via Visa Bulletin changes which included new Acceptance Date. EAD for approved I-140 is a separate proposal,  which is part of President Obama’s Executive Immigration Action. Rule Making is expected to being for EAD for I140 sometime in October 2015, but there’s no news on that yet. Last Updated Oct 28, 2015[/x_alert]


EAD for I140 is a Go.  October 2015 Visa Bulletin has some Big News.  I mean this is CRAZY and BIG news for Employment Based (EB) community. Here’s Video Summary of the what has happened so far.

Breaking News: EAD for I140

  • New changes from October 2015 Visa Bulletin
  • New Cut Off Dates  – Acceptance Cut Off Date
  • Apply for EAD with approved I140 based on Acceptance Cut Off Date
  • Acceptance Cut Off Date is much earlier than Priority date

[x_alert type=”success”]Watch the latest video interview with Immigration Murali About October Visa bulletin 2015. [/x_alert]

New Acceptance Cut Off Date 

Brand New Acceptance Cut is introduced for Employment Based Green Category (like EB1, EB2, EB3 categories), where countries like China, India are retrogressed.

All Chargeability
Areas Except
Those Listed
1st C C C C C
2nd C 01MAY14




3rd 01SEP15 01OCT13 01JUL05 01SEP15 01JAN15


Other Workers 01SEP15 01JAN07 01JUL05 01SEP15 01JAN15


4th C C C C C
Certain Religious
5th Targeted
Employment Areas/
Regional Centers
and Pilot Programs
C 01MAY15 C C C

Stay tuned for updates and analysis.

[Tweet "EAD for I-140 is Approved. #EADi140 http://bit.ly/1UHzoNT”]

Regular Priority Dates for Employment Based Visa Categories

This is regular visa bulletin table with Priority Date from October 2015. This table looks similar to any previous months Visa Bulletin.

Employment- Based All Chargeability Areas Except Those Listed CHINA – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01JAN12 01MAY05 C C
3rd 15AUG15 15OCT11 08MAR04 15AUG15 01JAN07
Other Workers 15AUG15 01JAN06 08MAR04 15AUG15 01JAN07
4th C C C C C
Certain Religious Workers U U U U U
Regional Centers
C 08OCT13 C C C


How to Read the Acceptance Cutoff Dates?

For example, Take EB2 India  dates from above two tables.

  • Priority Date –  May 1, 2005
  • Acceptance Cut Off Date – July 1, 2011  (July 1, 2009)

Big News: If your Priority Date is on or before July 1, 2011, then you can apply for I-1485 from October 1, 2015.

Your actual green card and change of status will be issued when you Priority Date becomes current.

As you can see from Green Card Steps for EB2 and EB3, it can take years before EB3 and EB2 applicants from retrogressed countries to be eligible to apply for EAD (via I-485).

Why is This big News?

You can apply for EAD much earlier. EAD gives lots of benefits.

  • Apply for I-485 if you qualify (based on earlier Acceptance Cut off Date)
  • Then Apply for EAD and AP concurrently with I-485.

Read more about wait times here – How Long Does it Take to Get Green Card in the USA for EB1, EB2, and EB3

This new October 2015 visa bulletin introduced the new process will bring a welcome change to Employment Based Green Card community.   Massive Change.

What’s Next:

Get ready to file I-1485 if your Acceptance Cut Off Date is earlier than the July 1, 20111. 

Share this page and stay tuned for new updates.

Update 5: at Sep 25, 4:07 pm EST.