When can I submit the forms I-765 and I-485 with the USCIS

[ravibhag]

Hi, 

My EB2 India priority date is 10/21/2011. As per August 2021, the the Date of Filing cut off date for EB2 India is 12/01/2011. Can I submit the forms I-765 and I-485 with the USCIS? As per Sep 2021 Visa Bulletin the final action cut off date for EB2 India is 09/01/2011. My employer's attorney is saying that I cannot submit the forms until my priority date becomes current as per Final Action dates. Could you please clarify?

Thanks, Ravi

[rksingh]

Your attorney is correct......You must wait for Final Action date to move forward from 10/21/2011 to be able to file AOS. The Date of Filing ONLY and ONLY becomes valid for filing IF the USCIS allows it to be used. You must use this USCIS webpage to determine if you can file or not (this link is for Sep 2021): https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-68

In other words, even though State Dept publishes both Final Action and Date of Filing charts, ONLY the USCIS determines which chart you can use.....if you think this is messy and confusing then join the club!