Summary: Family-based petitions have no movements on both charts. Employment-based petitions need to follow the Date of Filing Chart. Eb1 moves forward but Eb2, Eb3 and other workers have no move or even gone back.
Which chart we should look at in December?
For Family-Sponsored Filings:
In the F2A category, there is a cutoff date on the Dates for Filing chart. However, the category is “current” on the Final Action Dates chart. This means that applicants in the F2A category may file using the Final Action Dates chart for December 2020.
For all the other family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for December 2020.
For Employment-Based Preference Filings:
For all employment-based preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for December 2020.
If your priority date is before the Date of Filing, then you can fie I-485 if you are physically in the United States. If your priority date is before the Final Action Chart, then your case will be adjudicated.
December 2020 visa bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-december-2020.html
Our legal team’s analysis:
For the family-based petitions, there is no movements on both charts.
Left Chart is Nov 2020. Right Chart is Dec 2020
For the employment-based petitions, we need to look at the Date of Filing chart. Specifically, Eb1, China (09/01/2020 priority date) and India move forward for 1 year.
Eb2, China (10/01/2016) and Indian did not move.
Eb3 and other workers, China (06/01/2018) has no move but India has gone back for 3 months.
EB4 and religious workers, El Salvador, Guatemala, and Honduras move forward for 3 months.
Left Chart is Nov 2020 Right Chart is Dec 2020
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