Employment based Adjustment of Status can be filed based on Filing Date Chart for October 2018

By Atty. Crispin Caday Lozano

The USCIS has determined that for the month of October 2018, for Employment Based petition, an adjustment of status can be filed using the Filing Date as enumerated in the Visa Bulletin.  This means that those with pending employers petitions they can adjust status months ahead of the Final Action Date also as enumerated in the visa bulletin.  This opportunity happens only once.  The filing date for Employment based petition for the Philippines is presented below:

EB1    Priority workers                                             June 1, 2018

EB3    Skilled workers                                             July 01, 2017

EB3    Other workers                                               July 01, 2017


The filing date is months in advance of the usual time to file adjustment of status as shown in the following chart for the Final Action Date:

EB1    Priority workers                                             April 1, 2017

EB3    Skilled workers                                             June 1, 2017

EB3    Other workers                                               June 1, 2017

For those that have their priority date that coincide in the October 2018 visa bulletin filing date, it is recommended that the Adjustment of status be filed by October 1, 2018 to immediately obtain a work permit and advance parole if needed.  This is a rare opportunity and may not happen again because of the visa backlog.  Note that the usual requirements for adjustment of status such as eligibility to adjust status in the U.S. for valid stay or Sec. 245(i) eligibility is needed.

Note:   This is not a legal advice and for presentation purposes only.


  1. For the month of August 2018, we received an approval of four Naturalization applications and five adjustment of status applications.
  2. On July 27, 2018, we received an approval for permanent resident for a client who was abused by her spouse under VAWA.
  3. For the months of May to June 2018, we have received four Naturalization applications approvals and two Adjustment of Status approvals
  4. On April 18, 2018, we received a grant of waiver from Immigration Court for a husband and wife client who made a misrepresentation of their  marital status but has no criminal records, has long residence and strong family ties in the U.S.
  5. On April 12, 2018, the Immigration Judge in San Francisco approved a waiver of misrepresentation in applying for a visa          for our client who has been in the       U.S. for 26 years, no criminal record and strong family ties in the U.S.
  6. On April 3, 2018, we received an approval from USCIS for a U visa for a client who was a victim of crime.
  7. For the month ending March 31, 2018, we received approvals for four naturalization applications.
  8. For the week ending March 31, 2018, we received approvals of six Adjustment of Status, two Application to Remove Condition on Residence and two Renewal of Green Card approvals.
  9. On March 9, 2018, we received an approval from USCIS for adjustment of status for a client who was abused by her spouse.  The I-601 waiver was approved based on extreme hardship.
  10. On February 15, 2018, we received a grant from Immigration Judge for a waiver of misrepresentation for a client who has been in the U.S. for long period of time.

If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem    gets worse which could lead to deportation and family separation.

Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers.  His contact phone is 1-877-456-9266, email: info@ccllaw.net

Toll Free 1-877-4LOZANO for free consultation or Schedule an Appointment