Pending I-485 applications will be Pre adjudicated

[bigdog 376]

USCIS to Continue Accepting I-485 Applications for Adjustment of Status; Pending I-485 Will be Pre- adjudicated

Despite this "internal" retrogression, Mr. Oppenheim has confirmed that USCIS will continue to accept for the rest of the month of April new I-485 applications for adjustment of status for Indian and Chinese nationals with priority dates prior to the date established in the April 2012 Visa Bulletin.

Those filed and pending I-485 cases with priority dates of August 15, 2007, or later, should not see any approvals over the next few months. Instead, those cases will be processed by USCIS to the point of approval (pre-adjudicated) and a request for a visa number will be forwarded to Visa Control at DOS to be held in a “pending” file until new visas are available beginning with FY2013 on October 1, 2012.

Conclusion

Many EB-2 India and China I-485 applicants will be disappointed by the fact that no new I-485 approvals will come for at least several months. However, the fact that EB-2 India and China cutoff dates moved so significantly over the past several months has allowed many applicants to file their (and their families’) I-485 applications. Among the immediate benefits of an I-485 filing are advance parole and work permit documents, in addition to ability to port a pending I-485 to a new employer under AC21.

As we enter the last 20-25 days of the current cutoff dates, we urge those EB-2 India and China applicants who are eligible to file their I-485s due to a current (as of the April 2012 Visa Bulletin) priority date to aim to do so as soon as possible and in any case before the end of the month.

Edited April 5, 2012 by bigdog

[Darnell 8,479]

priority date? when adjusting from a K-1 ? what ?

[KayDeeCee 4,896]

Yeah, this news does not apply to this particular forum. This is not about family based visas and adjusting from a K-1. This is about employment-based visas.

[Penguin_ie 5,996]

*** Moving from AOS from Family visas to AOS from Work visas *****