Sat. Sep 24th, 2022

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USCIS Encourages Eligible Individuals to File I-485s in EB2 India Category in April 2022

2 min read
DACA Program

Following the release of the April 2022 Visa Bulletin, the U.S. Citizenship and Immigration Services (USCIS) updated its site. To demonstrate that foreign nationals may use the more favorable dates for filing chart (i.e., Chart B) in April for purposes for applying for adjustment of status (form I-485). Shortly thereafter, the USCIS published a statement encouraging those eligible to file under the employment-based, second preference (EB2) India category to apply. It is vital to understand, however, that this is focused on eligible people who have not yet filed an adjustment of status; it is not generally planned to prompt those with pending I-485 applications to re-apply.

Significant Movement in Chart B | EB2 India Category

In the April 2020 Visa Bulletin, the cutoff date for EB2 India in Chart B advances by a full year, to 1st September 2014. This implies that the USCIS expects the cutoff date in the final action chart (i.e., Chart A) to continue advancing in the months ahead. This, along with the USCIS declaration encouraging eligible foreign nationals to apply. Shows the USCIS is being proactive in trying to avoid the loss of large numbers of immigrant visa numbers this fiscal year.

Second I-485 Generally Not Recommended

If an individual eligible for the EB2 India category as of now has a pending I-485. Filing a second adjustment of status application is normally not suggested. Rather than speeding up the process, filing numerous adjustments of status applications. Tends to further delay the issuance of the candidate’s green card and drain resources from the USCIS.

[FY 2023 Cap H-1B Registration Process and New Attestation]

If an individual has an I-485 pending in the EB3 India category and wishes to move to the EB2 category. The individual should normally interfile, as opposed to filing a second I-485 application. More details on this process are available in the MurthyDotCom NewsBrief. USCIS Provides Guidance on Submitting Interfiling Requests (02nd Feb 2022).

Conclusion

The continuous pandemic has created added volatility to development in the monthly visa bulletin. In addition, changes to USCIS processes and policies can create confusion in the immigrant community. Stakeholders are encouraged to subscribe to the free MurthyBulletin to get weekly updates on issues related to U.S. immigration law.

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