US Citizenship and Immigration Services (USCIS) has announced the filing dates for applicants for adjustment of status to legal permanent residency for October 2018. Applicants of both family-based cases (beneficiaries of the approved Form I-130 immigrant visa petition) and employment-based cases should refer to the “Dates for Filing” chart in the Department of State Visa Bulletin for October 2018. The current priority dates for employment-based cases for India are the following: EB-1 – October 1, 2017; EB-2 – May 22, 2009; and EB-3 – October 1, 2009. The current priority dates for employment-based cases for China are the following: EB-1 – October 1, 2017; EB-2 – June 15, 2015; and EB-3 – August 8, 2015. The current priority dates for the worldwide category are June 1, 2018, for EB-1 and EB-2 and EB-3 are current. It should be emphasized that these dates allow only for FILING and not for approval of the case.
The significant benefits of being able to file to adjust status in the US to legal permanent residency (I-485) are the possibility of maintenance of lawful presence in the US and the opportunity to obtain universal employment authorization and permission to travel abroad (I-131 advance parole). However, one should consult with an attorney before working pursuant to the EAD or traveling abroad with the advance parole while the I-485 is pending to understand the potential pitfalls to doing so.