We have Indian clients who are asking us if they should use the Final Action Dates chart.

Excellent question! Please note that, for India-born applicants, the Visa Bulletin for January 2020 is showing May 1, 2018, for the Final Action Dates chart and Current for the Dates for Filing chart. Then the Adjustment of Status Filing Charts from the Visa Bulletin explains that we must use the Dates for Filing chart in the Department of State Visa Bulletin for January 2020. Essentially, what this means is that if an India-born EB5 applicant’s I-526 is approved now, and they happen to be in the US with a valid visa such as H-1B, of F1 visa, they can adjust status with no waiting time that is without any retrogression. If they happen to be overseas, for example in India, then they need to use the Final Action Dates chart. In other words, if their priority date is on or before May 1, 2018, then they could schedule a consular interview right away. If their priority date is later than May 1, 2018, then they would need to wait until their priority date becomes current. I hope this clarifies your question.

If this explanation is still not clear, please tell your clients to write to us at info@americaeb5visa. We will be happy to further elaborate on whatever question they might have regarding this or any other topic related to EB5.