EB-2 visa retrogression – October 2024

September 11, 2024

The October 2024 visa bulletin was released by DOS (see link here). USCIS decided that they will use the Dates for Filing chart (NOT Final Action Date chart) for the purpose of I-485 filing in October 2024 (see link here). To reiterate, the October 2024 visa bulletin will only become effective in October. 

  1. If you want to file a new I-485 application 

Since USCIS chose Dates for Filing chart  (NOT Final Action Date chart) for the purpose of filing I-485 in October, your priority date must be earlier than dates listed in the Dates for Filing chart below for you to be eligible for filing an I-485 based on your 140 category and your country of birth:

Underlying I-140 petitionROW (countries other than China or India)China – mainland bornIndia
EB2 NIW08/01/202310/01/2020 01/01/2013
  1. If you will undergo Immigrant Visa processing (IVP) overseas

You can only initiate IVP after you receive the IVP fee invoice issued in email by NVC. Note NVC only issues the IVP fee invoice when I-140 has been approved AND the priority date is current or close to be current according to the Dates for Filing chart (NOT Final Action Date chart) of each month’s visa bulletin. (“Close to be current ” is randomly determined by NVC and there is no way to predict ahead of time.) If you did not indicate IVP as the preferred second step on your I-140 form, an I-824 application will be needed to forward your petition to the NVC. Our office also offers I-824 services. For reference, please find below the Dates for Filing chart and the cut-off dates the NVC refers to:

Underlying I-140 petitionROW (countries other than China or India)China – mainland bornIndia
EB2 NIW08/01/202310/01/202001/01/2013
  1. When your pending I-485 can be approved or your pending IVP can be scheduled for an interview or be approved

Your priority date must be earlier than dates listed in the Final Action Date chart below for your pending I-485 to be eligible for final approval; or for your pending IVP to be scheduled for an interview or final approval.

Underlying I-140 petitionROW (countries other than China or India)China – mainland bornIndia
EB2 NIW03/15/202303/22/2020 07/15/2012