Visa Bulletin October 2020 – Analysis, Predictions – Good & Great News
October 2020 Visa Bulletin has Good News and Great News!
Let’s look at the Good News First.
Employment-Based Green Card applicants – EB1, EB2, EB3 were waiting, hoping for all EB1, EB2, and EB3 Priority Dates to become Current with October 2020 Visa bulletin.
A lot of people are disappointed seeing
- EB3 India – January 1, 2015
- EB2 India – May 15, 2011
I will still call these dates as good news. A lot of pending Green Card applicants on EB3 India will benefit from this Priority date movement.
So, what about Greta News! Keep reading.
- Visa Bulletin(V.B.) is published every month by the U.S. Department of State.
- Visa Bulletin used to be published around the 10th of each month.
- DOS published October 2020 Visa bulletin n September 24, 2020.
- This unusual delay + Expectations that all Employment-Based Green Category may become current for Indian Nationals gave people hope!
Did EB2, EB3 India become current as predicted?
Nope. But, there’s good news for EB3 India.
Just by looking at the Date of Filing Chart, EB3 India is January 1, 2015.
If your Priority Date is January 1, 2015, of before, your family can file I-485, along with EAD/AP.
But, there’s one more step! USCIS needs to confirm if they are accepting Filing Chart Dates or Final Action Dates.
Are you confused?
Don’t worry, let me explain the terms.
But, look at the following two charts and take EB3 India as an example.
Final Action Dates – Visa Bulletin October 2020
Dates for Filing – EB3 India
First, the Department of State Publishes Visa Bulletin with two charts
- Final Action Dates
- Dates for Filing
Final Action Dates for EB3 India in October 2020 Visa Bulletin is January 15, 2010.
Dates for Filing for EB3 India in October 2020 Visa Bulletin is on January 1, 2015.
There’s about five years difference between those two charts.
Think like this:
- Room 1: 200 patients are waiting to see a Dentist in a large waiting area.
- Room 2: 50 patients are moved to Pre-Screen Area. (aka Dates for Filing)
- Room 3: Then 10 from the Pre-Screen are moved to the Waiting Area to see the Doctor (aka Final Action Date)
- Doctors Room: Only 5 Dentists are in practice, and they can take attend to 5 patients at a time.
The Next Step for the applicant is to file an I-485 application with USCIS.
Now, going back to the Doctors Waiting Area analogy.
- Let the patient into the Pre-Screen room (that’s the Date for Filing) – Use the Date for Filing.
- Don’t le the patients into the Pre-Screen room.
So, applicants with Priority Date form January 16, 2015, to January 1, 2015, can go into Pre-Screen or wait in the large room outside.
I hope this analogy makes it straightforward for someone trying to understand the two charts.
In the next few days, USCIS will post on this page about which chart they will use for October 2020.
If USCIS decided to use the Date for Filing Chart, then EB3 India applicants with Priority Dates before January 1, 2015, can file the following:
- I-485 (Adjustment of Status)
- I-765 (EAD)
- I-131 (Advance Parole)
- I-944 (Public Charge)
Will USCIS use Filing Chart or Final Action Dates?
Does USCIS have the resources to handle the influx of applications?
EAD for I-485 is taking like 5 months with Pandemic workload. Would the new influx cause further EAD delays?
I don’t know the answers, but the news is trending in the right direction.
Questions + Green Card Guide + Webinar
I’m sure you have plenty of questions about downgrading to EB3 or starting the green card process now to what this rapid visa priority date movement will impact you.
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If you want more in-depth and easy to follow the guide, we have a Green Card Simplified – A Video Guide.
It’s a collection of several webinar recordings with answers to many questions you have right now.
If the G.C. process is yet to start, then the Green card Simplified Guide is the way to go.
November 2020 Visa Bulletin Predictions
This where all the Great news is hidden – November 2020 and beyond Visa Bulletin Predictions.
Frequently Asked Questions
- What does Rapid Forward Movement mean?
- Why did the dates did not move in October 2020 Visa bulletin?
- If I file I-485 today – when will I get the Green Card?
- What does this mean for EB2 Applicants?
- I haven’t applied for GC, what can I do now?
Join the Live Webinar on Friday, Sep 25 – 3 PM EST with Attorney Murali Bashyam.
If you are getting into the Green card Process bandwagon, then read the following articles.
- How Long Does it Take to Get Green Card in the USA for Eb1, EB2, and EB3
- Green Card Steps for EB2 and EB3 Explained
- Green Card Visa Numbers availability for E1, EB2, and EB3
- US Green Card Waiting Time Based on Pending Applications
- Immigration Path: Steps for an F1 Visa to Become U.S. Citizenship
- How E.B. Green Card Spill Over between EB1, EB2, EB3, EB4, EB5, and EB5 works
My Priority date is Dec 2012. I have approved EB2 and EB3 from same employer for different positions. Is it better for me to wait and apply in EB2 assuming it gets current or should I apply for EAD and wait to receive gc whenever visa number becomes available?
I missed the Sept 25th webinar. Is there a recording available or is there another webinar scheduled?
The replay is available for Premium Members.
If I downgrade from EB2 to EB3, and if the again EB2 dates becomes more favorable than EB3, can I still use EB2?
You would need to ask your attorney. If I were to guess – I think No.
Excellent article Raghu.
I would request another article from you based on following scenario:
What to do if your EB2 priority date is current compared to EB3 filling date? Should you port down? What are the advantages and disadvantages.
I would like that answer to cover the following scenarios:
1) job changed (file perm again) or not changed (no perm filling needed)
2) would premium processing be available and if so how long it may take and if not, then how long it may take.
3) eb3 salary level below eb2 and hence affect on the salary if any and anyways to avoid the downgrade in salary
4) benefit of doing port down will be adjustment of status and getting advance parole and EAD if the priority date is below filling date but let’s evaluate benefits of EAD and advance parole.
4a) can you stay in the country if you loose job on EAD?
4b) can you switch jobs on EAD?
4c) can you travel freely outside the country and come back on EAD?
4d) can you engage in entrepreneurship venture on EAD?
I know a lot of this is covered in separate posts earlier but a new post that combines all this scenarios in one post will be nice.
They’re using filing dates for EB3 India AOS applications. Check this link https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-56
WHY EB3 is getting advantage here and why not EB2 ??
Cause no one wants your useless third tier master degree
nurses, medical support practitioners use this category.
How long for a family based GC application will take to get the the I 130 approved if it got receipted on Aug 2018?Brother to his sister category.Thanks