Will All EB Dates Be Current in Oct 2023?

Will Biden take executive action to make dates current for EB high skilled backlogged workers in Oct 2023 visa bulletin? US is giving EAD & AP to family based applicants without their dates being current.

Written by Anil Gupta
  Anil Gupta    Updated 2 Aug, 23

This is a question that every employment-based skilled worker is asking hoping that what happened in 2007 can be repeated in 2023.

Congressmen Raja Krishnamoorthi and Larry Bucshon have sent a letter signed by a total of 56 representatives to help skilled immigrants waiting in lifelong backlogs.

The letter simply requests Biden and DHS/USCIS to make all dates in the “Date of Filing” chart for employment-based Green cards “Current” including India.

‘Current’ means that you will be allowed to file the i485 adjustment of status in addition to EAD and AP.

The last time this miracle happened was in July 2007.

What Happened in 2007?

All employment-based final action dates were made current in July 2007 including India.

Attorney Cyrus Mehta had written about the July 2007 visa bulletin action and its legality at that time.

July 2007 visa bulletin all dates were current for employment green card
July 2007 visa bulletin all dates were current for employment green card

It was believed that President George W. Bush, used his executive action and now the House representatives are asking Biden to repeat the same.

Chances of making Dates Current in Oct 2023?

I am positive but still think that chances are 50% as employment-based skilled workers are usually not a priority unless businesses lobby for them.

The chances are fair given the fact the same is being done for family-based green card applicants.

I am hopeful that this can be done if Biden can show the same courage as he has shown in allowing EAD and AP for family-based immigrants.

The US government must also be keeping in mind Canada’s ambitions to attract highly skilled workers by giving them open work permits and a clear pathway to permanent residency.

A big round of applause to House representatives and ImmigrationVoice for their work on pushing for making the dates current in the Oct 2023 visa bulletin. I hope it happens.

Biden Allowing Family-Based GC to Get EAD/AP Starting Aug 2023

If you do not know by now, the Biden administration announced on July 7, 2023, that they will allow family-based green card applicants from multiple Latin American countries (India excluded) to enter the USA on Advance parole even if their dates are not current.

They will be able to work and stay in the US while they wait for the dates to get current in the visa bulletin. This is a big step.

As an example of ‘where there is a will, there is a way’, USCIS announced on July 28, 2023, that they will start inviting people for parole on July 31. They are showing a turnaround time of less than 30 days in this case which otherwise, is not possible without paying the extra premium processing fee mostly in employment-based cases.

Benefits of making Dates Current in the “Dates of Filing” Chart


How long will dates stay current if at all they are made current?

There is no way to know how long the dates will stay current.

As an example from 2007, the dates were made current in the July 2007 visa bulletin, then made unavailable in Aug 2007, and then retrogressed in the Sep 2007 bulletin.
So, the dates were current only for 1 month at that time.

Whosoever was able to file i1485 in that timeframe would have got the EAD and AP. The rest would have been left out.

In today’s scenario, we do not know if the Biden administration will make the dates current or not.
If the miracle does happen and they do make them current, I would strongly urge you all to be ready to file i485 immediately.

I changed Jobs and my PERM is pending with my new employer. Will I be able to file i485 if the dates get current?

You will be able to file i485 only if you have an approved PERM. Currently, PERM approval is taking about 10 months.

You can file both I140 and I485 together if the dates get current for you and you have an approved PERM in hand.

If your current employer’s PERM is not approved but you have an approved PERM and i140 from your old employer, I would strongly suggest contacting your old employer and requesting filing I485 using their I140. The old employer will need to fill out I485J for you.

Can My Old Employer File My I485 without me joining them as an employee?

Yes, your old employer with approved PERM and i140 can file your I485 and I485J without you joining them as an employee.

The green card can be approved even if you are not on the payroll of your employer at the time of approval.

The I485J supplement proves that your old employer is ready to offer you the job once you get the Green card in hand.

Can I file I485 Myself If My Old employer is Not ready to Help?

You can legally file I485 yourself or your own private attorney.

Just make sure that your old employer (or current employer) gives you the I485J supplement. This is not mandatory but is highly recommended by attorneys to avoid RFE later.

Many attorneys also suggest filing I485 quickly if you do not have time to get I485J and submit supplement J later at the time of USCIS requesting it via RFE.

We have discussed this in detail here.

Do I have to Join the Employer through which My Green card gets approved?

The green card is approved on the basis of the job offer by a US employer. It is done on a good faith basis that you will indeed join and work for the employer.

There is no legal rule to force you into joining the employer though.

As a safe bet, many people join the employer and try and work for at least 6 months. This is not required though. Many attorneys believe that joining or not joining the employer will not affect your citizenship application later.

How much time will I have to file I485 if the dates get current in the Oct 2023 visa Bulletin?

If the dates are made current for the Oct 2023 visa bulletin, you will be allowed to file I485 between 1 Oct 2023 to 31 Oct 2023.

USCIS should receive your application by 31 Oct 2023 end of work day.

If the dates are made current and then are kept current in subsequent visa bulletins, then you will have time next month to file your I-485.

Source: Congressman News Brief


Written by Anil Gupta
  Anil Gupta  
Mentor | Immigration and Finance Journalism | Humor | Opinions are my own