Updated Again: For October 2020 Visa Bulletin USCIS Previously Indicated that it would accept EB AOS Applications based on “Final Action Dates” but now the same website indicates it will accept “Dates for Filing”

DOS has posted the October 2020 visa bulletin. In addition to final action dates and dates for filing for family and employment-based petitions, it contains notes on the DV category, the DV category rank cut-offs which will apply in November, movement of the October final action and application filing dates, visa availability in the coming months, and the scheduled expiration of two employment categories, including the employment fourth preference certain religious workers (SR) and employment fifth preference categories (I5 and R5). The FY2021 annual limit for employment-based visas is approximately 261,500.

For EB India in particular, the October 2020 visa bulletin notes the following advancements:

Final Action Dates:
EB1 India: June 1, 2018
EB2 India: September 1, 2009
EB3 India: January 15, 2010

Filing Dates:
EB1 India: September 1, 2020
EB2 India: May 15, 2011
EB3 India: January 1, 2015

Update: Late afternoon on 09/24/2020, USCIS indicated that it will accept adjustment of status applications for employment-based petitions based on the Final Action dates, but around 3:13pm CST the same webpage appears to have been updated to now indicate that “Dates for Filing” are to be used.

At present, this material change remains unexplained and is generating significant confusion. It goes without saying that the delivery of accurate and consistent information by USCIS is extremely critical, particularly in this case, where “Dates for Filing” = 5+ years less wait time for EB3 India.

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