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Only applicants with current priority dates are eligible to file form I-485. If the priority date is not current, the application will be rejected.

To be eligible for adjustment of status, an alien must meet the following criteria: The alien must be physically present in the United States. If the alien does not reside in the United States, he/she cannot adjust status in the U.S. and must go through immigrant visa processing at a U.S. consulate abroad instead.

Your priority date is generally the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS.

For example, EB-3 India moves by 3.5 months (7 weeks for EB-2 India) while EB-3 China is forwarding by 5.5 months (EB-2 China advances by six weeks). Under the Dates for Filing category, this is even more noticeable: EB-3 India advances by about five years while EB-2 India advances by two years.

Employment-Based, Third Preference (EB-3) Category: Similar to EB-2, the EB-3 preference category for all countries of chargeability continues to be Current, excluding India and Mainland China. The cutoff date for EB-3 India has moved from January 1, 2013, in June 2021, to July 1, 2013, in August 2021.

When should I-485 be filed? All I-485 applications are filed when I-140 is concurrently-filed, pending, or approved. Note that the foreign national must file I-485 prior to the expiration of Form I-94.

If you qualify to apply for adjustment of status under INA section 245(i) because you are or were a derivative beneficiary of a qualifying petition or application, you must prove the required relationship to the principal beneficiary by submitting a marriage certificate (for spouse) or birth certificate (for child).

Charles Oppenheim Summary 26 Oct, 2021 Discussion EB3 India Final Action No forward movement expected in 2022 unless the estimated EB3 ROW demand is low. They will take decision in later part of the year.

File Application to Adjust Status As mentioned above, immediate relatives may generally submit the application to USCIS at any time they meet the eligibility requirements. In fact, immediate relatives can file concurrently. This means that the Form I-485 is filed together with Form I-130.

Application to Adjust Status (Form I-485) The foreign national spouse should file the I-485 application after the marriage has occurred and within the 90-day period of stay. We strongly advise individuals to file within the 90 day period of stay in order to circumvent the accrual of an unlawful presence.