October visa bulletin released

[Tracy-->NY 40]

http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html

[Pragati Soni 4]

^{I don't understand why they have put the dates as Fiscal year 2016. What does this mean}

[aaron2020 11,651]

^{I don't understand why they have put the dates as Fiscal year 2016. What does this mean}

The U.S. Government operates on a fiscal (budget) calendar. Fiscal year 2016 starts on October 1, 2015 and ends on September 30, 2016.

It's a financial thing.

[mischa24 1]

^{I don't understand why they have put the dates as Fiscal year 2016. What does this mean}

another thing is they just got new sets of visa for this year, which is a good thing for everyone.

[vkrishn 97]

Did any one notice the two dates moving forward? For people whose PD is March 1st, 2015 or before can file for I485 now. This is for people who are here legally already and who have their I-130 approved. They don't have to wait for PD to be current as per first table that shows april 2014 for I-485.

How does it help? You can adjust status and get an EAD card and AP and start working!

[kbautista524 0]

pd april 10, 2014 no IL yet

[Hypnos 6,578]

For people whose PD is March 1st, 2015 or before can file for I485 now. This is for people who are here legally already and who have their I-130 approved.

The I-130 does not have to be approved, but the priority date must be current in order for someone already legally present in the US to be able to adjust status. If they are not an immediate relative of a US citizen, they must also have maintained a valid nonimmigrant status the entire duration of their stay in the US prior to filing their I-485.

[aaron2020 11,651]

The I-130 does not have to be approved, but the priority date must be current in order for someone already legally present in the US to be able to adjust status. If they are not an immediate relative of a US citizen, they must also have maintained a valid nonimmigrant status the entire duration of their stay in the US prior to filing their I-485.

Hi,

You will want to read the October 2016 Visa Bulletin to familiarize yourself with the new procedure starting Fisal Year 2016.

There are now two tables; 1) Current PDs and 2) PDs that are not current but are eligible to submit paperwork including AOS.

This means anyone in the family preference categories (F1, F2a, F2b, F3, and F4) without a current PD but is eligible to submit paperwork can file to adjust if he/she is legally in the U.S. This person will get an EAD/AP card until the person's case is decided.

Edited September 10, 2015 by aaron2020

[Hypnos 6,578]

I sit corrected.

This seems to be a major policy change. I'm surprised it hasn't received more press.

http://www.jdsupra.com/legalnews/u-s-department-of-state-to-alter-visa-18381/

[aaron2020 11,651]

I sit corrected.

This seems to be a major policy change. I'm surprised it hasn't received more press.

http://www.jdsupra.com/legalnews/u-s-department-of-state-to-alter-visa-18381/

Great link.

I am surprised too by the lack of attention to a major change.

The upside is that many people will benefit and shorten the wait to be reunited with their loved ones.

The downside is that more people will look at getting non-immigrant visas or use the VWP with the intent to adjust to take advantage of the new rule.

Edited September 10, 2015 by aaron2020

[vkrishn 97]

The I-130 does not have to be approved, but the priority date must be current in order for someone already legally present in the US to be able to adjust status. If they are not an immediate relative of a US citizen, they must also have maintained a valid nonimmigrant status the entire duration of their stay in the US prior to filing their I-485.

Thats right. I should have clarified that butter. I-130 need not be approved but don't have to wait for a PD of April 2014 to apply for I485. This is only for people who legally entered the U.S and with a valid legal non immigrant visa.

Wonder if the same can be done for NVC.

ie: Let people pay IV/AOS fee and get the docs in and let NVC verify it and keep it ready. When the PD does become current all they have to do is set the Interview at the consulate.

Edited September 10, 2015 by vkrishn

[vkrishn 97]

Great link.

I am surprised too by the lack of attention to a major change.

The upside is that many people will benefit and shorten the wait to be reunited with their loved ones.

The downside is that more people will look at getting non-immigrant visas or use the VWP with the intent to adjust to take advantage of the new rule.

IF they are already in the U.S it does not really help much because i am going to assume they will be together since the person will be on a non immigrant visa. All it does to them is to not bound by visa anymore but use EAD to work and AP to get back to the country if you go out.

If NVC can process like what I485 would do it might help a bit.

[liborutgers12 0]

For the AoS guys, the change doesn't say when the 485, EAD and AP applications will be adjudicated.

It's possible that the EAD and AP would not get permitted near or after the PD is current. Am I wrong about this point?

If the above is correct, the only benefit is the saving of filing and reviewing time, because now filing AoS is moved before PD is current.

I guess the main purpose of the change is to help them to estimate the visa demand more accurately. They won't discriminate applications via consular process and AoS process.

[amandaciar22 1]

Hi,

You will want to read the October 2016 Visa Bulletin to familiarize yourself with the new procedure starting Fisal Year 2016.

There are now two tables; 1) Current PDs and 2) PDs that are not current but are eligible to submit paperwork including AOS.

This means anyone in the family preference categories (F1, F2a, F2b, F3, and F4) without a current PD but is eligible to submit paperwork can file to adjust if he/she is legally in the U.S. This person will get an EAD/AP card until the person's case is decided.

[amandaciar22 1]

Hi,

You will want to read the October 2016 Visa Bulletin to familiarize yourself with the new procedure starting Fisal Year 2016.

There are now two tables; 1) Current PDs and 2) PDs that are not current but are eligible to submit paperwork including AOS.

This means anyone in the family preference categories (F1, F2a, F2b, F3, and F4) without a current PD but is eligible to submit paperwork can file to adjust if he/she is legally in the U.S. This person will get an EAD/AP card until the person's case is decided.

Hi,

I was confused upon seeing two tables, like you said there are now two tables.

So you mean the 2nd PD's those person fall in this category if it happen they are in US thru non immigrant visa can file to adjust status to become what? say she's on f2b?

What's an EAD/ AP card? Sorry i had many questions, im not familiar with many immigration rules.

If that' s so a lot of people will benefit from it, its like they giving pardons to be able to reunite with families. Am I right?