EB-2 India Predictions from State Dept.

October 21, 2014 Leave a comment

On October 15, 2014, Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State disclosed during a meeting with AILA that the EB-2 India retrogression to February 15, 2005 in November 2014 (Nov visa bulletin), means that individuals whose priority dates are earlier than May 1, 2009 should consider filing their adjustment of status applications before the end of October.  Mr. Oppenheim further stated that EB-2 India will unfortunately not see a forward movement for the foreseeable future.

Mr. Oppenheim’s response pertaining to unused visa numbers: Mr. Oppenheim confirmed that there are approximately 220,000 family and employment-based visas that have gone unused, most of which can be attributed to the period between 1992 and 1997. Prior to the “dot com bubble,” demand was usually insufficient to use all of the available employment-based visa numbers in any given fiscal year. Since then, the increase in demand for labor in the IT sector and improved interagency processes have contributed to greater use of employment-based visa numbers in the fiscal year for which they were allocated. In the past, such unused numbers have only been recaptured through legislative action. (Source: AILA)

EB-2 India retrogresses to February 2005

October 10, 2014 Leave a comment

November 2014 Visa Bulletin pulls EB-2 India priority dates back to February 2005. Moving backwards to well over four years, the November bulletin is certain to cause an immense amount of frustration to a lot of Indian nationals hoping to receive their permanent resident cards soon.  This is especially true for those individuals that received RFEs for medicals among other things who completed the medicals and submitted RFE responses with completed medicals.  This is because medical examination/report expires 12 months from the date of report and so if the priority dates do not move forward, people that completed the medicals (again) recently in response to an RFE will need to revisit their USCIS designated physicians again if the priority date becomes current AFTER one year.  Going by the roller coaster ride of ups and downs in terms of how the priority dates are moving, it leaves vast amount of room for predictions, interpretations, and guesswork.

Lastly, even for people whose priority dates will suddenly become backlogged in November, in as much as this retrogression news causes heartburn, if you received an RFE for medicals, do complete the same and respond to the RFE in a timely manner.  Please address all issues raised in the RFE and respond in a timely manner failing which the adjustment application will likely be denied.  It is my sincere hope that the visa numbers will move forward quickly in the months to come.

November 2014 Visa Bulletin – Employment-Based Immigrant Visa Numbers

October 10, 2014 Leave a comment
Employment- Based All Chargeability Areas Except Those Listed CHINA – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 08DEC09 15FEB05 C C
3rd 01JUN12 01JAN10 22NOV03 01JUN12 01JUN12
Other Workers 01JUN12 22JUL05 22NOV03 01JUN12 01JUN12
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs
C C C C C

EB-2 India Unavailable Until October 1, 2014

September 12, 2014 Leave a comment

On September 9, 2014, Mr. Charles Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State confirmed that in light of heavy demand for EB-2 India, that category (EB-2 for India) became unavailable until the end of fiscal year, i.e. until September 30, 2014.  It is expected that USCIS will continue to accept the adjustment (Form I-485) applications in September for EB-2 India applicants whose priority date is current per the September 2014 visa bulletin.

Mr. Oppenheim stated that given the demand for EB-2 India category, priority dates will retrogress possibly to a date in early 2005.  All eligible applicants whose priority dates will be current in October 2014 should plan to get their adjustment applications filed in October.

As anticipated, the heavy/acute demand for EB-2 India is a result of the EB-3 to EB-2 upgrades.  Mr. Oppenheim therefore anticipates a huge volume of EB-2 India demand in the coming months.

October 2014 Visa Bulletin – Employment-Based Immigrant Visa Numbers

September 10, 2014 Leave a comment
mployment- Based All Chargeability Areas Except Those Listed CHINA – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 15NOV09 01MAY09 C C
3rd 01OCT11 01APR09 15NOV03 01OCT11 01OCT11
Other Workers 01OCT11 22JUL05 15NOV03 01OCT11 01OCT11
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs
C C C C C

September 2014 Visa Bulletin – Employment-Based Immigrant Visa Numbers

August 13, 2014 Leave a comment
Employment- Based All Chargeability Areas Except Those Listed CHINA – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 08OCT09 01MAY09 C C
3rd 01APR11 01NOV08 08NOV03 01APR11 01APR11
Other Workers 01APR11 22JUL05 08NOV03 01APR11 01APR11
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs
C C C C C

August 2014 Visa Bulletin – Employment-Based Immigrant Visa Numbers

July 13, 2014 Leave a comment
Employment- Based All Chargeability Areas Except Those Listed CHINA – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 08OCT09 22JAN09 C C
3rd 01APR11 01NOV08 08NOV03 01APR11 01JUN10
Other Workers 01APR11 22JUL05 08NOV03 01APR11 01JUN10
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs
C C C C C
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