Dear Sophie: Will October 2020 Visa Bulletin changes expedite my immigration case?

Published September 30, 2020

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

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Dear Sophie:

I’ve been waiting for years for my green card. Is there any way to expedite my case? What does the October shift in Visa Bulletin priority dates mean for me?

—Waiting in Woodside

Dear Waiting:

Thanks! There are a lot of ways to speed up the immigration process. Great news — last week the State Department released the October 2020 Visa Bulletin, which significantly reduces the waiting time for many folks from around the world seeking green cards. Basically final action dates progressed for EB-1, EB-2 and EB-3 and are all current now if you can use categories besides being born in India or China! Feel free to check out my recent podcast on seven ways to expedite an immigration case and check out our upcoming free educational webinar on October 8 for the latest on H-1Bs and other immigration updates.

If you were born in India or China, dates for filing for Adjustment of Status and the National Visa Center also sped up significantly for individuals in these categories. Here’s a typical question I receive: “I’m currently in the U.S. in valid nonimmigrant status. If I was born in India or China, can I file my I-485 in October 2020?” See below to check your priority date and talk to an immigration attorney to see what you can file in October 2020!

Is my China/India priority date current in October?

Here’s an overview of how to figure out whether you can file your I-485 this month if you need to use the categories of being born in India or China:

Step 1. Double-check your I-140 I-797C approval notice to determine your category and priority date:
- Sec. 203 (b)(1) → EB-1 Category
- Sec. 203 (b)(2) → EB-2 Category
- Sec. 203 (b)(3) → EB-3 Category
Step 2. Check out the October Visa Bulletin. To understand the Visa Bulletin in more detail:
- The number of green cards the U.S. issues each year is capped based on the type of green card and the green card candidate’s country of birth
- As my podcast on priority dates explains, it is the date your green card petition was submitted or the date your employer submitted your PERM labor certification application.
Step 3. Find the date in the cell at the intersection of your category and country.