october 2015 visa bulletin

FAQ’s About New October 2015 Visa Bulletin? [Video]

Raghuram Sukumar Green Card 14 Comments

October 2015 Visa Bulletin had Major News. Department of State has introduced a New Cut Off Date. This dual cutoff date comes with a ton of Immigration Benefits like the ability to file I-485 earlier than expected for Employment and Family based applicants who have approved I-140.

You can read the announcement at EAD for I-140 Approved. As expected, there’s a lot of questions from Immigrant community and curious readers. I collected the questions and asked the same to Immigration Attorney Murali Bashyam.

 

Listen to Audio Version

[powerpress]

Questions Answered in this Interview About monthly Visa Bulletin issued by Department of State

Questions Answered and Topics Covered in this Interview

We covered most of the questions listed below, but no in the same order.

Visa Bulletin

  • What is Visa Bulletin?
  • Why is it Important?
  • When does it gets published?
  • Why does it get published 20 days before the Actual Month?
  • What are the contents of the VB?
  • What is Priority Date?
  • How can one find the Priority Date?
  • What is Cut-Off Date?
  • What is Country of Chargeability?

October 2015 Visa Bulletin:

  • Old VB – One Cut Off Date.
  • October VB introduces Dual Cutoff Date. Can you explain that?
    • Application Final Action Dates
    • Dates for Filing Visa Applications
  • How was this second date determined?
  • Will the date move forward or backward in coming months?
  • When can one file Adjustment of Status as per this October 2015 VB?

Green Card Process

  • Stages of Green Card Process
  • What are the department Involved in Green Card Process
  • How does Visa Bulletin Tie into this whole Green Card Process?

I-485 Application

  • Who is eligible to file I-485?
  • Who can one file I-485 as per new Dates for Filing Visa Applications?
  • What are the benefits of filing I-485 with new dates for falling visa Application
  • Will the Dates Move Forward or backward in next visa bulletin?
  • How to Interpret this ” USCIS has determined that this chart may be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS. (emphasis added)”
  • What are the benefits of filing I-485
  • What are the benefits of getting EAD?
  • Can I-485 and EAD filed Concurrently
  • Can someone file I140 in Premium and I-485 concurrent?
  • Job Portability – After 6 Months in I-140. What is that?
  • Who can file I-485 – Employer or Employee (self)?
  • I-140 approved with Previous Employer. Can file I-485?
  • Do we have to Medical Exam for I-485?

H1B vs EAD  and AP with Pending I-485

  • What happens to H1B if one gets EAD?
  • Is visa stamping required?
  • What is AP and when can it be used?
  • Will there be any problems during reentry with AP?

What’s Next:

Post your questions below. If you have question about Immigration specific to your status, travel, you can choose to ask Attorney Murali via Ask an Attorney.

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Comments

  1. Raghu, thank you for all the inputs from you and murali
    I have my I-140 approved, but the acceptance date is not near my filing GC date,
    it will be there in a year or two and i am currently on H1B.
    So i was wondering if i leave the country, can i file for acceptance date when it gets current to my filing date from outside the country, as i have some family obligations. My I-140 is with the previous employer.
    How does outside processing will work for the situation.

  2. Hi Ragu, Thanks for posting today’s video for the answers. My question was ‘Can i file I-485 with previous employer A approved I140’. So based on the answer from video, If i file I-485/EAD with my previous employer’s approved I140 which was approved 3 years back, there may be a chance of RFE during the process and i would have to submit an employment letter from the previous employer A and ask them if they can recruit me in future. Is this correct? Usually employers don’t like to help the employees who already quit their company and most likely employers won’t hire :). So the safe zone is to start over with current company B by filing labor again and then I140. Please correct me if i am wrong and thanks for the help again. [My PD is : March,2012].

    1. Author

      You got it right. If your previous Employer is like a consultant who is willing to help, I doubt any employer would be willing to help. So, you have to start all over from PERM.

      This is what I call “Trust but Verify” 🙂

  3. http://www.natlawreview.com/article/revision-to-visa-bulletin-advances-timeframe-filing-adjustment-status

    Look for the employers section, which says that if you had a job with previous employer, you are not eligible for the acceptance dates. (as far as i understand).
    You must be working with the same employer and same position.

    Next steps for employers

    Employers should take the following steps in light of this change in the process for determining visa availability:

    1. Identify all current employees who may be eligible to apply for adjustment of status in October 2015.

    2. For employees who (a) have already been sponsored by the employer for immigrant visas (Form I-140) and (b) who remain in the sponsored position, immediately prepare adjustment of status applications.

    3.Some employees will have priority dates eligible for adjustment of status in October 2015 but are no longer in the sponsored position, either because they have changed roles with the sponsoring employer or because they are no longer employed by the sponsoring employer. These individuals cannot apply for adjustment of status. Employers must prepared to address this issue and understand the potential need to immediately initiate new green card processes for the individuals, as these individuals will want to file adjustment of status as soon as possible.

    This cant get any easier anymore. I am fed up and done,

  4. Hi ,

    My PERM / I 140 filed in EB3 category, Priority Date is April 2011 , Am I eligible to file my I485 ??

    Thanks

    Uma

  5. Hi.
    Good day RaghuRam Ji,
    Trust you are doing well. I have applied H1B in march and it picked in lottery in april 2015.So far i haven’t get any updates from employer as well as status didnt updated the uscis.gov website also. Its keep on same status(Case Received ) in uscis.gov. I have applied the H1B in regular basis .
    May in know max time for Regular process time?

    Thank you very much for supporting .

      1. Hi
        Good day RaghuRam Ji,

        Thank you very much for reply. But Since 6 months, I haven’t get any updates. Is there any alternative find the updates i.e phone / email ?
        Or else
        must i wait until get the updates from attorney or usciv.gov websites?

  6. Hi,
    I have a question on visa stamping…
    My visa is H1B. I’m moving to the new company on Dec 21 2015 and I’m planning to go India in Feb 2016 Is there any problem for visa stamping in india??

    1. Author

      If you have valid visa stamping, you don’t have to get stamping again.

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