Filing I-485 - Final Action Date vs. Date of Filing


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Hello,

My employment-based (EB3) Date of Filing is current as per April 2024 visa bulletin; however, my employer's attorney is saying that, I cannot file I-485/I-131/I-765. They said, final action date should be current before filing the I-485/I-131/I-765. Is that correct?

Thanks!

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It depends on which chart USCIS picks on the AOS filing chart page. In some months they pick the Date for Filing chart and in some months they pick the Final Action Date chart. Whichever chart they pick for a month is what determines whether I-485 can be filed in that month. For March and April 2024, for employment-based categories, they picked the Final Action Date chart, so your lawyers are correct.

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  • 2 months later...
On 3/29/2024 at 12:06 PM, newacct said:

It depends on which chart USCIS picks on the AOS filing chart page. In some months they pick the Date for Filing chart and in some months they pick the Final Action Date chart. Whichever chart they pick for a month is what determines whether I-485 can be filed in that month. For March and April 2024, for employment-based categories, they picked the Final Action Date chart, so your lawyers are correct.

Can those that graduated and are curruntly on OPT/CPT apply for EAD card when the Date for Filing is current even though the USCIS chooses the Final Action Date as the date for filing i-485? This way, they will be able to continue working when their OPT/CPT expired while waiting for I-485 to filed?

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On 6/10/2024 at 11:12 PM, NNKBCM said:

Can those that graduated and are curruntly on OPT/CPT apply for EAD card when the Date for Filing is current even though the USCIS chooses the Final Action Date as the date for filing i-485? This way, they will be able to continue working when their OPT/CPT expired while waiting for I-485 to filed?

What basis would they have for EAD? They cannot apply for an EAD based on a pending I-485 (EAD category (c)(9)) until they file I-485.

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