I485 - Priority date confusion

[VAUser]

Hi,

My I140 priority date under EB1 is May 2018.

The Visa Bulletin for Aug shows the filing date as July 2018.

Please let me know if I am eligible to submit the documents for I485 processing.

Should we consider Final action dates or Dates for Filing for filing of I485. I am getting different answers from different sources.

Appreciate if someone can suggest which dates needs to be considered for filing of I485.

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-august-2020.html

. DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

Employment- based	All Chargeability Areas Except Those Listed	CHINA- mainland born	EL SALVADOR GUATEMALA HONDURAS	INDIA	MEXICO	PHILIPPINES
1st	C	01JUL18	C	01JUL18	C	C

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

Employment- based	All Chargeability Areas Except Those Listed	CHINA- mainland born	EL SALVADOR GUATEMALA HONDURAS	INDIA	MEXICO	PHILIPPINES	VIETNAM
1st	C	08FEB18	C	08FEB18	C	C	C

[Tibwa]

This is where you need to go to find out if you should use " Filing Date" or "Final Action Date" to file.
https://www.uscis.gov/green-card/gre...-visa-bulletin

The above link is inside the Visa Bulletin. If you click on it, it will take you directly from there.

USCIS updates this ling every month after the Visa Bulletin comes out.

ALL employment based MUST use " Final Date", which mean you CANNOT file right now. Final Date is currently FEV 08.

[VAUser]

Thank you so much Tibwa for the update..

Just curious, can you please let me know the reason USCIS is publishing the Filing dates ?

DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

Employment- based	All Chargeability Areas Except Those Listed	CHINA- mainland born	EL SALVADOR GUATEMALA HONDURAS	INDIA	MEXICO	PHILIPPINES
1st	C	01JUL18	C	01JUL18	C	C

[Enub4]

USCIS doesn't publish the Filing Dates, which is a job for the US Department of State. Several years ago both decided to publish 2 calendars according to the demand and visa availability. USCIS each month decide if they use one or the other.

For EB they usually use Final Action Dates calendar and for the last 2 years, they use Filing Dates when the fiscal year starts (October) until they calculate they have enough requests and change to Final Action Dates calendar.

By offering the Filing Dates and USCIS using that, some people can apply during October- February and that way start the process, get EAD/AP/SSN for spouse and kids (if any). That would not be possible if only the Final Action Date calendar is available.

Look at the calendars this way: they allow for few months of the year to start the process so they can review the case for several months and when the Final Action Date finally arrives, you can get a GC instead of starting the process at that time.

[Tibwa]

Because they can use either tables based on Visa Availability. If there is high demand in a specific category, USCIS will either retrogress the category or use FINAL Date. If there is low demand, USCIS will use Filling Date. USCIS will always tell you which one to use every month.

[VAUser]

Thank you so much for the clarification and details shared by Enub4 & Tibwa.