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What is the difference between the Date for Filing and the Final Action Date?

I have a question about the I-485 filing timeline. There are two dates on the Visa Bulletin: the "Final Action Date" and the "Date for Filing." So once the I-526 is approved, should I submit the I-485 along with the I-765 based on the Date for Filing or the Final Action Date? What is the difference?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Currently, you may only file based on the Final Action Date Chart unless USCIS announces the Dates for Filing Chart may be used to determine when eligible to file.

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    Charles Foster

    Immigration Attorney
    Answered on

    The difference is not really significant. The Date for Filing means that the Visa Office of the Department of State will let you file for your adjustment of status somewhat sooner, provided you are eligible within the United States before your priority date is actually reached, which would be your Final Action Date. So once your I-526 EB-5 investor petition is approved, you are eligible to apply for adjustment of status on the earlier date; thus giving you a chance to obtain both work authorization and a travel document sooner. It also gives you the chance to maintain your lawful status in the United States sooner.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You submit based on the Final Action Date, unless USCIS announces you can use the Date for Filing. They opened up Chart B (DFF) for two months last year in October and November 2015.

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