Now that the new Visa Bulletin is out for October 01, 2015, you may be wondering what the next steps will be if you have an approved I-140 and your Priority Date (PD) falls before the filing cut-off date.

First off, you will need a letter of support from the employer who sponsored your green card process. This should not pose a problem if you are currently working for that employer.

If you are not working for the sponsoring employer, you will still need a letter of support. You will need to be sure that the employer who sponsored you still intends to offer you the job listed on your PERM Labor Certification and that you intend to work for that employer after your green card is received. If this is the case, you will be able to file the I-485 application along with the EAD and Advance Parole applications if your PD falls before the filing cut-off date. 

Also remember that you will be eligible for AC-21 portability. This provides that an approved I-140 Petition will remain valid when you change employers if: (1)  the I-485 has been pending for 180 days or more and (2) the new job is in the same or similar occupation for which certification was initially made. The new employer must have the intent to offer you the permanent job once the green card is received and you will have to retain your intent to work for that new employer.

Note: You will need to be in the country to file the I-485.

Documents You Will Need to File the I-485, EAD and AP applications on October 1st:

• Copy of I-140 approval notice
• Letter of support from sponsoring employer
• Copy of most recent I-94
• Copy of all I-797 approval notices, passport (current and old), I-20s, OPT documents, etc.
• Copy of birth certificate / affidavits
• If married, copy of marriage certificate (if ever divorced you will need a copy of the divorce decree)
• Color copy of drivers license or State ID
• Six passport style photos
• Most recent monthly bank statements if also filing for spouse and / or children
• Medical Exam performed by an authorized doctor- As of now, we recommend not to get the medical exam until your priority date actually becomes current under the Final Action date. This is because the medical exam expires after one year. I am keeping an eye on this and will update you once information becomes available.

If you will also be filing for your spouse you will need the following:

• Copy of most recent I-94
• Copy of all I-797 approval notices, passport (current and old), I-20s, OPT documents, etc.
• Copy of birth certificate / affidavits
• If ever divorced, copy of the divorce decree
• Color copy of drivers license or State ID
• Six passport style photos
• Medical Exam performed by an authorized doctor – As of now, we recommend not to get the medical exam until your priority date actually becomes current under the Final Action date. This is because the medical exam expires after one year. I am keeping an eye on this and will update you once information becomes available.

If you will also be filing for your child(ren) you will need the following: 

• Copy of most recent I-94
• Copy of all I-797 approval notices, passport (current and old), I-20s, OPT documents, etc.
• Copy of birth certificate / affidavits
• Six passport style photos
• Medical Exam performed by an authorized doctor – As of now, we recommend not to get the medical exam until your priority date actually becomes current under the Final Action date. This is because the medical exam expires after one year. I am keeping an eye on this and will update you once information becomes available.

If you are one of the lucky individuals eligible to file an I-485 on October 1st, it is best to begin gathering all documents now for yourself, your spouse and your children.

I realize each person’s situation is different, so please contact a qualified immigration attorney who can guide you through the process for your individual situation.

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