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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