For October, USCIS permits employment-based adjustment applicants to use the Dates for Filing chart. The EB-4 filing cutoff is January 1, 2025, while the EB-4 Final Action Date remains December 15, 2022. This means some applicants with priority dates before January 1, 2025 may be able to file Form I-485 even though USCIS cannot yet approve their green cards. 

What Does the January 2025 Date Mean?

The January 1, 2025 date is a filing cutoff, not an approval date.

An eligible applicant whose priority date is earlier than January 1, 2025 may be able to file an adjustment-of-status application during October. However, USCIS generally cannot approve the case until the priority date is earlier than the applicable Final Action Date and an immigrant visa number is available. For October 2026, that approval cutoff is December 15, 2022. 

Why Might Filing Now Be Beneficial?

A properly filed Form I-485 may allow an eligible applicant to:

• Apply separately for employment authorization;
• Apply separately for advance parole;
• Place the adjustment application in the adjudication queue; and
• Keep the I-485 pending if the Visa Bulletin later retrogresses, subject to continuing eligibility and USCIS rules.

These potential benefits can be valuable, but approval of an EAD or advance-parole document is not automatic. Filing an I-485 also does not guarantee that the green card will ultimately be approved.

What Are the Filing Risks?

1. The underlying EB-4 case must remain valid

A filing date does not cure a problem with the underlying Form I-360, EB-4 classification, priority date, or supporting evidence. A pending or approved petition should be reviewed for continuing eligibility before filing.

2. Adjustment eligibility must be analyzed separately

Being within the Visa Bulletin cutoff is only one requirement. The applicant must independently qualify to adjust status. Entry history, inspection or parole, maintenance of status where required, unauthorized employment, prior removal proceedings, inadmissibility grounds, and any available exceptions or waivers may affect eligibility.

3. Filing does not create lawful nonimmigrant status

A pending Form I-485 generally provides a period of authorized stay, but it should not be described as granting lawful immigration status. Applicants should obtain individualized advice before abandoning or failing to maintain another status.

4. Travel can carry serious consequences

Leaving the United States while Form I-485 is pending can result in abandonment of the application unless the applicant has appropriate travel authorization or falls within a regulatory exception. Advance parole also does not guarantee admission or eliminate inadmissibility concerns.

5. The case may remain pending for a long time

The Final Action Date is more than two years behind the Dates for Filing cutoff. That gap does not establish how long any individual case will take. Visa Bulletin dates can advance, stop, retrogress, or become unavailable based on demand and statutory limits. 

6. A denial can have consequences

Before filing, applicants should consider what happens if USCIS denies the I-485, particularly if they do not have another lawful status or have removal, criminal, fraud, unlawful-presence, or inadmissibility issues.

7. Category-specific issues matter

EB-4 includes several distinct classifications, and the analysis is not identical for every applicant. Applicants relying on the Certain Religious Workers program must also confirm that the statutory program remains authorized when relevant. The October bulletin states that the Certain Religious Workers category was extended through December 11, 2026. 

Should You File?

There is no universal answer.

Filing in October may be helpful if:

• Your priority date is earlier than January 1, 2025;
• You are otherwise eligible to adjust status;
• The underlying EB-4 petition is supportable;
• You understand that approval may remain years away; and
• The interim benefits outweigh the filing costs and legal risks.