Friday, April 6, 2012

EB-2 Priority Dates for India and China

DOS Practice Alert: EB-2 India & China Priority Date Projections: "On March 16, 2012, at the AILA Midwest Regional Conference in Chicago, Charlie Oppenheim, Chief, Visa Control and Reporting at DOS, informed participants that he will likely retrogress India and China-mainland born Employment-Based Second Preference priority dates to around August 2007, effective with either the May or June 2012 Visa Bulletin. He also advised that he projects that all EB-1 visas available in FY2012 will be used this year, resulting in no "spill down" to EB-2."

So, what to do?
Well, usually retrogressions are temporary so don't give up on filing labor certifications or adjustment of status. Also, if you currently have an approved August 2007 I-140 EB3, you can use that for EB2.

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